State of Missouri v. Kathryn Avent

JOSEPH M. ELLIS, Judge.

The State of Missouri appeals from an order issued in the Circuit Court of Johnson County granting Kathryn Avent’s motion to suppress evidence obtained subsequent to her arrest for driving while intoxicated based upon a lack of probable cause to support her arrest. For the following reasons, the trial court’s decision is affirmed.

At approximately 7:16 p.m. on June 22, 2012, Corporal Joshua Owens of the Missouri Highway Patrol stopped Avent for speeding on Montserrat Park Road in Johnson County.1 After detecting alcohol on Avent’s breath, Corporal Owens questioned Avent…