State v. Caruso

This is a state’s appeal from the pretrial dismissal f a citation charging the defendant with the Class A raffic infraction of Driving Under the Influence of ntoxicants. The state, prior to trial, requested a pret-ial omnibus hearing to determine the admissibility of he breath test which was to be the centerpiece of the tate’s case. The trial judge, after a hearing on the tate’s motion, refused to hold an omnibus hearing, ifter it had ruled, the state indicated that it was not repared to proceed without an omnibus hearing. Ac-ordingly, the trial judge dismissed the charging in-trument. The…