Commonwealth v. Brown

LAMBERT, D., JUDGE:

The Commonwealth brings this appeal from an interlocutory order of the Breckinridge Circuit Court which granted the motion of the Appellee, Julia A. Brown, to suppress the results of blood alcohol testing. Having reviewed the record, we conclude that the trial court improperly concluded that Brown did not give express consent. Consequently, we reverse the trial *875court's suppression order and remand the matter for trial.

I. FACTUAL AND PROCEDURAL HISTORY

On December 26, 2014, at approximately 9:07 P.M. Central Standard Time, as Brown drove near Hardinsburg, she lost control and…