State v. Gray

Blackburn, Presiding Judge.

Charged with DUI, Jessica Lynn Gray moved to suppress the results of her breath test obtained while in custody, arguing that police had arrested her without probable cause. The trial court agreed and suppressed the results. The State appeals this ruling, contending that the trial court ignored various indicia of intoxication impairment. We hold that evidence supported the trial court’s ruling and therefore affirm.

1. The standard of review is particularly critical in deciding this case. Contending the facts are undisputed, the State would have us apply the de novo…