State v. Stelzenmuller

Smith, Presiding Judge.

The State appeals from the trial court’s order granting Lee Ann Stelzenmuller’s motion to suppress evidence of her refusal to submit to a breath test in this DUI case. The State asserts that the trial court’s conclusion that the arresting officer was not credible was not supported by the record and that the trial court therefore erred when it granted the motion to suppress. For the reasons set forth below, we disagree and affirm.

We must abide by the following three principles when reviewing a trial court’s order concerning a motion to suppress evidence:

First, the judge…