Fluellen v. State

Mikell, Judge.

Larry B. Fluellen was charged with driving under the influence of alcohol (“DUI”), endangering a child by driving under the influence, failure to maintain lane, and driving with an open container. Before trial, Fluellen filed a motion to quash the accusation, a motion to suppress, and a motion in limine. The trial court granted Fluellen’s motion to suppress the results of his breath test. Fluellen also filed a special Brady motion seeking disclosure of various items including any audiotape or videotape recordings of Fluellen at the time of his arrest.

A bench trial was conducted…