State v. Hanners

DOWD, Presiding Judge.

The state appeals from an order suppressing the use at trial of the results of a blood alcohol test performed upon respondent. We affirm.

The facts were developed at the hearing held to consider the motion to suppress. On May 30, 1988, respondent’s car ran off the road into a ditch. He suffered injuries from the accident including a broken nose and a moderate concussion. A nearby farmer witnessed the accident and called for medical assistance. Shortly after the ambulance arrived, State Trooper Anderson appeared at the scene to begin his investigation. He allegedly smelled…