McHugh v. State

Bernes, Judge.

After the denial of his motion in limine and his subsequent bench trial, Gregory R. McHugh was convicted of driving with an unlawful alcohol concentration and speeding. McHugh appeals, contending that the trial court erred in denying his motion in limine to exclude the results of a state-administered breath test. According to McHugh, he was misinformed by the arresting officer that if he refused to take the breath test, his out-of-state driver’s license would be suspended. We disagree and affirm.

The parties have stipulated to the facts surrounding McHugh’s arrest. “Where the…