State v. Roberts

Defendant in this case was charged with driving under the influence of intoxicants (DUII). Before trial, the court granted defendant’s motion to suppress breath test evidence on the ground that the officer who administered the test did not follow required procedures when the testing instrument malfunctioned. However, the court refused to suppress other evidence, including results of field sobriety tests. The state appeals from the trial court’s pretrial order suppressing the breath test evidence. Defendant cross-appeals, arguing that the police did not have probable cause to stop him for…