State v. Goode

Bernes, Judge.

Ashley Lauren Goode was arrested for driving under the influence of alcohol (“DUI”) to the extent it was less safe for her to drive. She filed a motion to suppress on the ground that the arresting officer lacked probable cause to believe that she was an impaired driver. Following an evidentiary hearing, the trial court granted the motion. The state appeals, contending that the evidence demanded a finding that probable cause existed for Goode’s arrest. We disagree and affirm.

The state contends that the facts are undisputed and that we must apply a de novo standard of review in…