State v. Demus

The state appeals from a pretrial order granting defendant’s motion to suppress field sobriety tests and all derivative evidence. We affirm.

We recite the facts as presented by testimony at the suppression hearing and as found by the trial court. Shortly before 2:30 a.m. on May 21,1994, Officer Shellans saw defendant’s car as it turned onto State Highway 26, a four-lane divided highway, and accelerated to highway speed going west in an eastbound lane. Shellans followed, driving his patrol car in a westbound lane. After about six-tenths of a mile, defendant stopped his car, drove across the…