City of Huntsville v. Shanes

BOWEN, Presiding Judge.

This is an appeal by the City of Huntsville from the order of the circuit court suppressing the results of a breath test to determine blood-alcohol content in a prosecution for driving under the influence of alcohol.

The appellee’s motion to dismiss this appeal is due to be granted.

“In felony cases, the prosecution’s avenue for review of the dismissal of charges [or the pretrial suppression of evidence] by the circuit court is appeal pursuant to Rule 15.7(a), A.R.Crim.P. However, that avenue is not available in misdemeanor cases. ‘There is no provision for a pretrial…