State v Sanders
Jan 01, 2005OUTCOME: case dismissed
Defendant charged with driving under the influence of alcohol to the extent that it was less safe to drive and driving under the influence of alcohol while having an alcohol concentration of 0.08 or mo ... re moved to suppress the results of the state-administered breath test. The Superior Court, Towns County, Stone, J., granted motion. State appealed. Holding: The Court of Appeals, Mikell, J., held that officers lacked probable cause to arrest defendant for driving under the influence of alcohol to the extent that it was less safe to drive.
