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Eskew v. Director of Revenue4/25/2000
while such evidence may be hearsay, it is sufficient to establish probable cause because it is not offered for its truth, but to explain the basis for a belief that probable cause to arrest existed. Id.
Here, Officer Andert received notice that the accident involved an intoxicated driver. When he arrived at the scene, he noted that a subject, Eskew, was already placed in the back of Officer Tabers' patrol car. Further, he noted that when Officer Tabers arrived at the scene, Eskew was still seated in her vehicle with the keys in the ignition and the motor running. Additionally, Officer Andert interviewed other drivers involved, who stated that an intoxicated driver had caused the accident. All of the above information, would warrant a reasonably a prudent, cautious and trained police officer to believe that Eskew had been driving a motor vehicle at the time of the accident.
Further, when Officer Andert approached her he smelled a heavy odor, which he recognized as alcohol. She was swaying and wobbling. Finally, she admitted to drinking wine at the Ritz Carlton. Such evidence, collectively, supports a belief that Eskew had been drinking. Thus, the totality of the circumstances, known to Officer Andert by his own observations and those conveyed to him by Officer Tabers and other persons, would warrant a reasonably prudent, cautious and trained police officer to believe that Eskew was driving while intoxicated and constitute probable cause for her arrest. Thus the judgment must be reversed and remanded for further proceedings in accordance with this opinion.
JUDGMENT REVERSED AND REMANDED.
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