State v. Evetts

OPINION

DWYER, Judge.

This is a T.R.A.P. 9 appeal by the State from the suppression order of the trial court holding that the defendant’s arrest without probable cause for driving under the influence of an intoxicant prevents the State from introducing the results of a breath test.

The defendant was arrested on the late evening hours of January 15,1983, when as the driver of his vehicle he collided with an out-of-state vehicle on Elm Hill Pike and Briley Parkway in Nashville.

In the order granting the defendant’s motion to suppress, the trial court held:

“The police officer testified that he…