Malone v. State

SILBERMAN, Judge.

Kevin Malone was arrested for driving while under the influence (DUI) based on a police officer’s assessment of his level of intoxication during a traffic stop. After he was charged with the misdemeanor offense, Malone filed a motion to suppress in which he argued that his behavior during the traffic stop did not provide probable cause that he had been driving while impaired. The county court granted the motion to suppress, but the circuit court reversed. We grant Malone’s petition for certiorari and quash the circuit court’s order because that court failed to apply the…