State v. Ballman

OPINION

TERRIE LIVINGSTON, Justice.

This is a State’s appeal from the trial court’s grant of appellee’s motion to suppress in this driving while intoxicated case. We affirm.

Background Facts

The officer making the arrest for the DWI, Officer H.L. Gibbs, was the only witness at the suppression hearing. Officer Gibbs testified that he stopped appel-lee Wayne T. Ballman when appellee made a right hand turn from a private parking lot onto Hulen Street without using his turn signal. The State says this traffic code violation constituted probable cause to stop appellee and to issue a traffic citation.…