Whitener v. State

McMurray, Presiding Judge.

Following a jury trial, defendant was convicted of homicide by vehicle in the first degree. She appeals. Held:

1. Defendant moved to suppress the results of a blood alcohol test which was taken approximately two hours after the collision. (The State demonstrated that the concentration of alcohol in defendant’s blood at that time was .11 grams percent.) In this regard, defendant argued that the arresting officer did not have probable cause to arrest her and that, therefore, the subsequent seizure of defendant’s blood sample was tainted. The motion to suppress was…