State v. Peters

Johnson, Judge.

Joseph D. Peters was charged with driving under the influence of alcohol when he failed field sobriety tests after having been stopped for speeding. The trial court granted Peters’ “Motion to Suppress and Motion In Limine,” excluding the test results on the ground that Officer Clayton had placed Peters under arrest but not informed him of his Miranda rights before administering the tests. The state appeals. We reverse.

“Factual and credibility determinations made by a trial judge after a suppression hearing or a motion in limine hearing to exclude evidence are accepted by…