State v. Barnard

Phipps, Presiding Judge.

The state appeals from a trial court order granting Lachelle Barnard’s motion in limine to exclude the results of an Intoxilyzer 5000 breath test obtained at the time of her arrest for making an improper u-turn1 and driving under the influence.2 The state contends that the trial court erred in excluding the Intoxilyzer test results on the basis of its finding that the arresting officer had informed Barnard that her out-of-state license would be suspended if she did not submit to the state-administered breath test, and its finding that the officer did not read the…