577.039. Arrest without warrant, lawful, when. - Missouri Statutes

Arrest without warrant, lawful, when.

577.039. An arrest without a warrant by a law enforcement officer,including a uniformed member of the state highway patrol, for a violationof section 577.010 or 577.012 is lawful whenever the arresting officer hasreasonable grounds to believe that the person to be arrested has violatedthe section, whether or not the violation occurred in the presence of thearresting officer and when such arrest without warrant is made within oneand one-half hours after such claimed violation occurred, unless the personto be arrested has left the scene of an accident or has been removed fromthe scene to receive medical treatment, in which case such arrest withoutwarrant may be made more than one and one-half hours after such violationoccurred.

(L. 1982 S.B. 513, A.L. 1996 H.B. 1169 & 1271 merged with S.B. 722)

(1987) This section does not apply to arrests made by police officers pursuant to municipal ordinance prohibiting driving with excessive blood alcohol. Roux v. Director of Revenue, 732 S.W.2d 595 (Mo.App.E.D.).

(2006) Accident under section requires either property damage or personal injury. Reed v. Director of Revenue, 184 S.W.3d 564 (Mo.banc).