The State v. Jacobs

Dillard, Chief Judge.

The State appeals the trial court’s grant of Kevin Jacobs’s motion to suppress breath-test evidence obtained when he was arrested for, inter alia, driving under the influence of alcohol. On appeal, the State argues that the trial court erroneously suppressed the breath-test evidence based on a finding that the manner in which the arresting officer read the implied-consent notice would lead a reasonable person to mistakenly believe that they had no right to refuse testing. For the reasons set forth infra, we reverse.

The facts relevant to this appeal are undisputed. On…