State v. Albright

NAJAM, Judge.

STATEMENT OF THE CASE

The State of Indiana appeals an order of the Clay Superior Court granting Charles R. Albright’s motion to suppress the results of a breath test for intoxication. The State charged Albright with operating a motor vehicle while intoxicated,1 a Class A misdemeanor; operating a motor vehicle with a blood-alcohol content of .10% or greater,2 a Class C misdemeanor; and a seat belt violation,3 a Class D infraction. Following a hearing, the trial court granted Albright’s motion to suppress. This appeal is taken pursuant to Indiana Code § 35-38-4-2(5). We affirm.

ISSUES