Handley v. State

Barnes, Chief Judge.

After the grant of her petition for an interlocutory appeal, Michele Handley appeals the trial court’s denial of her motion to suppress following her arrest for driving under the influence of alcohol. Handley contends that the trial court erred by denying her motion to suppress evidence of the breath test she took at the police station because the deputy lacked probable cause to arrest her for driving under the influence. For the reasons stated below, we reverse.

“In considering an appeal from denial of a motion to suppress, this Court construes the evidence in favor of the…