State v. Mark C. Hunter

SCHWARTZMAN, Judge Pro Tem.

Mark Christopher Hunter appeals from the district court’s intermediate appellate decision reversing the magistrate’s order granting his motion to suppress evidence. We affirm.

I

FACTUAL AND PROCEDURAL BACKGROUND

The parties stipulated to the following facts. Shortly after midnight, an officer stopped Hunter for driving several blocks without headlights. The officer smelled the odor of alcohol coming from the vehicle. Hunter admitted he had been drinking that night; the female passenger in the vehicle appeared to be heavily intoxicated. The officer checked Hunter’s eyes…