State v. J.D.L.C.

VICTOR C. HOWARD, Presiding Judge.

The State of Missouri appeals the judgment of the trial court granting J.D.L.C.’s motion to suppress a breathalyzer sample. The State had charged J.D.L.C. (hereinafter “Minor”) with misdemeanor minor in possession of intoxicating liquor for, as a person under the age of twenty-one years, having a detectable blood alcohol content of more than two-hundredths of one percent or more by weight. The judgment of the trial court is affirmed.

Facts

At approximately 10:45 p.m. on May 3, 2008, Deputy Keith Strutton of the Cole County Sheriffs Department stopped an…