State v. Fetterhoff

GARY M. GAERTNER, Presiding Judge.

Defendant Larry Fetterhoff was charged by information with driving while intoxicated, RSMo § 577.010 (1986), or in the alternative, excessive blood alcohol content, RSMo § 577.012 (1986). Defendant filed a motion to suppress evidence. At the suppression hearing evidence was introduced. The trial judge sustained the motion. The State appeals pursuant to RSMo § 547.200 (1986) and Rule 30.02.

Defendant was convicted of excessive blood alcohol content in May 1982. In August 1985 defendant was arrested and charged with driving while intoxicated. After this second…