Bailey v. State

OPINION

BUSSEY, Judge:

The appellant, James Jeremiah Bailey, was convicted in Pottawatomie County District Court, Case No. CRF-79-146, of Driving While Under the Influence of Intoxicating Liquor, second or subsequent offense, in violation of Laws 1978, ch. 108, § 1, now 47 O.S.Supp.1980, § 11-902. Punishment was fixed at four (4) years’ imprisonment, and appellant appeals.

The appellant contends, as his first assignment of error, that the trial court erred in failing to suppress evidence arising from his arrest, which he argues was made without probable cause to believe that an offense was…