State v. Kavanaugh

After a trial to the court, the defendant, Vincent Eugene Kavanaugh, was found guilty of driving while under the influence of alcoholic liquor and refusing to submit to a breath test under the implied consent law. The defendant was sentenced to 6 months’ probation and fined $250 on each count, and his driving privileges were suspended for 60 days. Upon appeal to the district court, the judgment was affirmed.

The defendant has now appealed to this court and contends that his arrest was the result of an illegal stop and that the evidence obtained as a result of the illegal stop should have been…