Case Conclusion Date: January 1, 2005
Practice Area: DUI / DWI
Outcome: case dismissed
Description: 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 more 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.