State v. Kristek

Abbott, C.J.:

This is an interlocutory appeal by the State from the suppression of the results of the defendant’s breath alcohol test.

The defendant moved to suppress the results of the breath alcohol test, claiming he had twice requested an independent blood alcohol test and the officer refused his requests. The arresting officer testified that defendant did not request an independent blood alcohol test. Obviously, the trial court could have ruled either way on the motion to suppress and the record would contain substantial competent evidence to support the ruling.

The problem, as we see it, is…