State v. Goodstein

Lewis, Chief Justice:

Respondent, Arnold S. Goodstein, was convicted in Magistrate’s Court for driving a motor vehicle while under the influence of intoxicants, first offense. On appeal to the circuit court, his conviction and the suspension of his license for refusal to take a breathalyzer test were reversed upon the ground that his arrest was illegal. The State now appeals from the order reversing respondent’s conviction.

The sole question to be decided is whether the evidence sustains the magistrate’s finding of probable cause for respondent’s arrest. The contention of respondent, sustained…