Howard B. Gutenstein v. State of Indiana

BROWN, Judge.

[1] In this interlocutory appeal, Howard B. Gutenstein appeals the trial court’s order denying his motion to dismiss and motion to suppress evidence of his blood alcohol concentration. Gutenstein raises three issues which we consolidate and restate as:

I. Whether the trial court abused its discretion in denying his motion to dismiss; and

II. Whether the trial court erred in denying his motion to suppress.

We affirm.

Facts and Procedural History

[2] Around 2:00 a.m. on April 25, 2013, George Leeth was traveling eastbound on 1-94 and observed a gray car later determined to be driven by…