State v. Ellinger

Ronald Ellinger appeals from a conviction of driving while under the influence of alcohol, following a bench trial in the Fourteenth Judicial District Court, Musselshell County, on January 30, 1986. Ellinger was sentenced to twenty-four hours in jail and fined $ 310.

We affirm.

Defendant Ellinger raises two issues for our review:

1. Was the arrest valid?

2, If the arrest was not valid, should the charges be dismissed?

At 7:00 p.m. on August 30, 1985, the Musselshell County sheriff’s office received a call from a citizen, who reported a truck being driven in a reckless manner south of Roundup on…