State v. Nesius

MILLER, Judge.

The State appeals the judgment granting Donald G. Nesius’s motion to dismiss the charges of driving while intoxicated and driving while suspended based on Nesius’s successful motion to suppress evidence granted after a pretrial hearing. A police officer became suspicious and pulled Nesi-us’s car over after observing Nesius stop at a cornfield, exit the car, reenter, and drive away. Although the police officer could not discern any apparent reason for such behavior, it is not disputed that Nesi-us’s reason for stopping was in order to relieve himself. The trial court suppressed…