State v. Gauthier

Phipps, Chief Judge.

Marissa Gauthier was arrested and charged with two counts of driving under the influence (“less safe” and unlawful alcohol concentration).1 She filed a motion to suppress the results of a chemical test of her breath, asserting that police officers had lacked articulable suspicion to stop and detain her, and had lacked probable cause to arrest her and request the chemical test. The trial court granted Gauthier’s motion, citing a “lack of articulable suspicion for [the] stop,” and stating that Gauthier “was stopped for no legitimate reason.” The state appeals,2 asserting…