State v. Dax

Defendant was convicted by a Hennepin County Municipal Court jury of driving while under the influence of an alcoholic beverage in violation of Minneapolis Code of Ordinances, § 403.030. On this appeal, he contends that the offense charged was not committed in the presence of the arresting officer and therefore, under Minn. St. 629.34(1), his arrest without a warrant was illegal, nullifying the court’s jurisdiction and his conviction. We hold that the offense was committed in the presence of the officers and affirm the conviction.

Since the offense involved is a misdemeanor, an arrest without…