State v. Pitts

W. SHARP, Judge.

The state has filed a petition for writ of certiorari, seeking review of a decision of the circuit court sitting in its appellate capacity. The circuit court affirmed an order of the county court suppressing portions of a video tape of a sobriety test taken in connection with Pitts’ arrest for driving under the influence, as well as Pitts’ agreement to take a breath test, and the results of the breath test. Apparently no factual evidence was presented to the county court but rather the parties relied on legal arguments and rulings in similar cases.

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