State v. Foster

GARRISON, Presiding Judge.

The trial court sustained a “Motion In Limine” filed by Harry Don Foster (“Defendant”) in which he sought to prevent the State from introducing evidence of his alleged refusal to take a chemical breath test (“breath test”) at trial on the charge of DWI. The State appeals that decision, claiming the right to do so pursuant to § 547.200.1(2) 1 , which permits it to appeal from “any order or judgment the substantive effect of which results in ... [suppressing evidence ...”

Initially, we respond to Defendant’s Motion To Dismiss Appeal, in which he argues that the motion…