State v. Rudd

OPINION

FELIPE REYNA, Justice.

The State appeals an order granting Earl Cody Rudd’s motion to suppress evidence related to his arrest for driving while intoxicated and his motion to exclude the arresting officer’s testimony regarding Rudd’s performance on the horizontal gaze nystagmus (HGN) test. The State contends in three issues that the court erred by ruling: (1) “that a police officer may not lawfully question a witness to an accident unless the officer has reasonable suspicion to believe that person has also committed an offense”; (2) “that an officer has no probable cause to arrest a…