State v. Harden

MlKELL, Judge.

The state appeals the order granting Robert M. Harden’s motion to suppress in his prosecution for driving with an unlawful alcohol concentration, driving under the influence of alcohol to the extent that it was less safe for him to drive, and possession of an open container of alcohol while driving. We reverse because a reasonable, articulable suspicion existed to justify a Terry 1 stop.

“On review, this Court will uphold a trial court’s findings as to disputed facts in a motion to suppress unless clearly erroneous, whereas the trial court’s application of the law to undisputed…