State v. Carson

OPINION

BLISS, Presiding Judge:

In the District Court of Creek County, Case No. CRF-71-39, appellee was charged with the offense of Driving a Motor Vehicle While Intoxicated, Second Offense. At a pretrial motion to suppress hearing, the case was dismissed on the district judge’s determination of an unconstitutional violation of appellee’s privilege against self-incrimination. From the dismissal of this case, the State has properly perfected a timely appeal upon a certified reserved question of law.

The facts at preliminary revealed on October 2, 1971, at approximately 3:30 a. m. the appellee was…