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Mayo v. State4/22/2003
cause to make an arrest. Dale v. State, 785 So. 2d 1102 ( ) (Miss. Ct. App. 2001).
. Officer Rials testified that Mayo stuttered when answering questions, acted a little disoriented, and had the odor of an "intoxilyzing substance" on his breath. The officer determined that Mayo should be arrested and given an intoxilyzer test. The trial judge determined that sufficient probable cause existed for this action stating:
THE COURT: here's been no contest made or validity of the roadblock and there's undisputed testimony that Mr. Mayo had the beer in his vehicle. And at that point we've had, you know, testimony from at least one, maybe two officers, it's difficult to tell, maybe two officers that Mr. Mayo had possession of beer in his vehicle. Now, whether or not he's guilty of that offense, you know, beyond a reasonable doubt, the justice court for some reason dismissed the cause, and I'm certainly not questioning that or I don't doubt it, but that does not mean the proof, the facts, and the truth of what happened at the stop are not valid.
THE COURT: I don't believe that anything that's happened in justice court has done anything to diminish the probable cause that the police officers had to stop Mr. Mayo, and I find in ruling at this point that there was probable cause to stop Mr. Mayo.
. Even though the beer possession charge was dismissed, it is not necessary that the information the officer had at the time of the arrest be sufficient to sustain a conviction of the crime charged, Jones v. State, 461 So. 2d 686, 695 (Miss. 1984), nor does the arrest have to have been on the charge ultimately brought. Goforth v. City of Ridgeland, 603 So. 2d 323, 326 (Miss. 1992).
. Officer Rials indicated he observed an open container of beer in Mayo's vehicle, and that Mayo admitted that he had been drinking. The officer smelled an intoxilyzing substance on Mayo's breath and noticed that Mayo appeared disoriented. Although the charge of possession of beer was later dismissed, the presence of beer provided sufficient probable cause to conduct a search of Mayo and his vehicle. Northington v. State, 749 So. 2d 1099 ( ) (Miss. Ct. App. 1999). This Court finds no merit in this issue.
. THE JUDGMENT OF THE COPIAH COUNTY CIRCUIT COURT OF CONVICTION OF DRIVING UNDER THE INFLUENCE -FIRST OFFENSE AND FINE OF $500.00 IS AFFIRMED. ALL COSTS OF APPEAL ARE ASSESSED TO THE APPELLANT.
McMILLIN, C.J., SOUTHWICK, P.J., BRIDGES, THOMAS, LEE, IRVING, MYERS, CHANDLER AND GRIFFIS, JJ., CONCUR.
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