Leiske v. State

Smith, Presiding Judge.

In a jury trial, Paul R. Leiske was convicted of DUI, disobeying a traffic control device, and driving without a license on his person. Leiske’s motion for new trial was unsuccessful. In this appeal, Leiske contends that the trial court erred in denying his motion to suppress/ motion in limine to exclude the results of a State-administered test. He argues that his consent was coerced because he was misinformed about his option to refuse the testing.

In reviewing the grant or denial of motions in limine, we must construe the evidence most favorably toward upholding the…