State v. Schieber

LOWENSTEIN, Judge.

The respondent, Schieber, was charged with driving on the wrong side of the road and driving while intoxicated. He moved to suppress evidence of the level of his intoxication on the ground that there was no probable cause for the drunk driving arrest. His theory was there was no evidence of his having crossed the center line so the initial arrest was improper and resulted in lack of probable cause to later test his alcohol consumption. The sole issue on the appeal of the state concerns whether comments made by the judge at the suppression hearing that Schieber “may” have…