State v. Dull

Deen, Presiding Judge.

On October 19, 1983, the appellee, Wayne Edward Dull, was arrested and charged with driving under the influence of alcohol. On January 20, 1984, Dull filed a motion in limine to suppress the results of a breath test on the bases, inter alia, that the arresting officer lacked probable cause to stop his vehicle and that the officer had not fully advised him of his implied consent rights; on March 22, 1984, that motion was denied as to the issue of probable cause. On January 29, 1985, Dull filed another motion to suppress, based entirely on this court’s decision in Steed v.…