State v. Allen

Adams, Judge.

Linda McCormick Allen was charged with speeding and driving under the influence of alcohol. Allen filed a motion to suppress evidence of the results of the state-administered Intoxilyzer 5000 breath test. The trial court grantedAllen’s motion to suppress and the State appeals.

The trial court relied on the following facts in granting the motion to suppress: At the time of her arrest, implied consent warnings were read to Allen, and she indicated she was uncertain whether she would consent to the state’s test. Allen was then transported to the police station, where the test was…