Epps v. State

MlKELL, Judge.

After a bench trial, Miranda Epps was convicted of driving under the influence of alcohol to the extent it was less safe for her to drive and DUI per se. The trial court merged the less safe conviction and sentenced Epps on the per se count to twelve months probation, a $500 fine, forty hours of community service, and gave her credit for the one day she spent incarcerated. On appeal, Epps challenges the denial of her motion to suppress, arguing that the state did not prove that it complied with the implied consent notice requirements. We agree with Epps and reverse.

Because the…