State v. Thompson

Defendant was convicted of driving while under the influence of an alcoholic beverage, a misdemeanor. SDCL 32-23-1; SDCL 32-23-2. He argues that his arrest was invalid because the offense was not committed in the presence of the arresting officer. SDCL 23-22-7(l). 1 We hold that the arrest was valid and affirm the judgment of conviction.

A Murdo police officer received a call from a gas station operator reporting a possible drunk driver. The officer saw a red automobile bearing the designation “Camaro” on the back speed out of the station and verified that the automobile was driven by the…