State v. Kimbrell

HOWELL, Chief Judge.

Respondent Elaine Kimbrell was found guilty in magistrate’s court of driving under the influence (DUI). The circuit court, concluding that the results of Kimbrell’s blood alcohol test should have been suppressed, reversed her conviction and remanded for a new trial. The State appeals. We affirm.

I

Kimbrell was the driver of an automobile involved in a one-car accident on February 5, 1995. Trooper M.S. Weaver responded to the accident. Kimbrell was injured in the accident and transported to the hospital for treatment. As Kimbrell was leaving the hospital after being…