State v. Simmons

ROBERT S. BARNEY, Judge.

The State of Missouri (“Appellant”) files an interlocutory appeal, pursuant to sec tion 547.200.1(3), RSMo 2000, 1 resulting from the trial court’s grant of a motion to suppress the results of a blood test submitted by Terry Lynn Simmons (“Respondent”) in the course of Respondent’s arrest and subsequent charge for driving with excessive blood alcohol content, a violation of section 577.012. 2 Appellant raises one point of trial court error, discussed below. We reverse and remand.

The record reveals that on January 1, 2004, Respondent’s vehicle was pulled over by…