 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Crawford2/4/1997
authority to arrest defendant without a warrant. Under N.C. Gen. Stat. § 15A-401(b)(2)(1996 Cumm. Supp.), an officer may make an arrest without a warrant for an offense committed out of the officer's presence where the officer has probable cause to believe the person committed a misdemeanor and may cause physical injury to themselves or others, or damage to property unless immediately arrested. This Court has held that where an officer is alone at the scene and there is no evidence the intoxicated driver's car is inoperable, the officer has probable cause to believe the driver may cause injury to himself or others. In re Pinyatello, 36 N.C. App. 542, 545, 245 S.E.2d 185, 187 (1978). This is so because, if the officer left the scene to obtain a warrant, there would be no one to prevent the driver from operating his car or to protect the driver from traffic hazards on a public street. Id. Because of "the well known propensity of intoxicated persons to engage in irrational and erratic behavior," an officer has probable cause to believe a drunk driver will return to his vehicle, drive upon the highway, and possibly cause physical injury to himself or others unless immediately arrested. In re Gardner, 39 N.C. App. 567, 572, 251 S.E.2d 723, 726 (1979). This is especially so when, as in this case, the intoxicated person makes an attempt to drive away from the scene.
Because we hold the deputy had probable cause to believe defendant had committed the offense of driving while impaired and would present a danger to himself and others if not immediately arrested, the order of the trial court granting defendant's motion to suppress evidence obtained after defendant's arrest is reversed.
Reversed.
Judges EAGLES and WALKER concur.
|