Covert v. State

Pope, Judge.

Defendant Scott R. Covert was convicted by a jury of speeding and driving under the influence of alcohol. On appeal he argues the trial court erred in denying his motion to suppress the evidence of the breath test administered to him at the police station where he was first taken after arrest.

At the hearing on defendant’s motion, the evidence showed defendant was stopped on the highway at approximately 7:57 p.m. Although defendant was informed of his right to an independent chemical test, defendant did not make a request for such a test to the arresting officer. The breath test…