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Collins v. State ex rel Department of Public Safety8/24/1999
probable cause for his arrest, totally aside from any statements he made to the officer. He states that he had been stopped by the arresting officer for a traffic violation. He says the arresting officer testified: (1) On approaching the car, he noticed a strong smell of intoxicating alcoholic beverage coming from Petitioner; (2) Petitioner's eyes were red and watery; and (3) The "Horizontal Gaze Nystagmus (HGN)" showed a positive indication that Petitioner was intoxicated. Based on Petitioner's own account of the evidence, we find more than adequate probable cause for his arrest.
Accordingly, finding none of Petitioner's alleged errors availing of reversal, the order appealed is AFFIRMED.
AFFIRMED.
BOUDREAU, V.C.J., and REIF, J., concur.
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