Sultan v. State

MlKELL, Judge.

Following a bench trial, the trial court found Mehdi Sultan guilty of driving under the influence of alcohol, driving with an unlawful alcohol concentration, and exceeding the maximum speed limit. Sultan appeals, claiming that the trial court erred in denying his motion to suppress because the arresting officer did not perform the horizontal gaze nystagmus (HGN) test in accordance with law enforcement guidelines, because the officer lacked probable cause to arrest Sultan, and because the officer’s use of a passive alcohol sensor flashlight violated the Fourth Amendment’s…