FIRST DISTRICT

COURT OF APPEALS

        

THESE SUMMARIES ARE NEITHER APPROVED IN ADVANCE NOR ENDORSED BY THE COURT.  THEY ARE NOT HEADNOTES OR SYLLABI.  INTERESTED PARTIES SHOULD OBTAIN COPIES OF THE ACTUAL DECISIONS FROM THE CLERK OF THE COURT OF APPEALS.

 

DATE: Wednesday, Janaury 15, 2025

CAPTION: STATE V. POOLE

APPEAL NO.: C-240270 

TRIAL NO.: C/24/TRC/4764/A

KEY WORDS: OPERATING A MOTOR VEHICLE UNDER THE INFLUENCE – PROBABLE CAUSE – MOTION TO SUPPRESS 

SUMMARY: The trial court did not err in granting defendant’s motion to suppress evidence collected prior to her warrantless arrest for operating a motor vehicle while under the influence for lack of probable cause where the trial court made extensive factual findings indicating that the arresting officer’s in-court testimony was contradicted by cruiser camera footage of field sobriety testing, where one field sobriety test was not conducted in substantial compliance with the relevant standards, and where the State did not challenge the trial court’s factual findings on appeal.

JUDGMENT: AFFIRMED 

JUDGES: OPINION by KINSLEY, P.J.; BERGERON and WINKLER, JJ., CONCUR.