State v. Jones

Barnes, Judge.

The State appeals from the trial court’s grant of Joshua Dale Jones’ motion in limine and motion to suppress the results of his breath test. The trial court determined that the officer failed to place Jones under arrest for DUI or read him his implied consent rights at the scene and that there were no exigent circumstances to excuse the failure. After review, we reverse.

While the trial court’s findings as to disputed facts in a ruling on a motion to suppress will be reviewed to determine whether the ruling was clearly erroneous, where the evidence is uncontroverted and no…