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Home / Opinions / Courts / Court of Appeals, Southern District / Criminal Law: DWI-Consensual Encounter-Reasonable Suspicion

Criminal Law: DWI-Consensual Encounter-Reasonable Suspicion

Where a defendant, who was convicted of misdemeanor driving while intoxicated, challenged the trial court’s refusal to suppress evidence and statements, the initial contact between the defendant and the arresting officer was consensual, which developed into a reasonable suspicion of criminal activity, and the evidence supported a finding of probable cause for the arrest, so the judgment is affirmed because the defendant’s challenges to the admissibility of field sobriety tests and the portable breath test also failed.

Judgment is affirmed.

State v. Long (MLW No. 75007/Case No. SD35759 – 17 pages) (Missouri Court of Appeals, Southern District, Bates, J.) Appealed from circuit court, Christian County, Luna, J. (John Michael Peacock, Ozark, for respondent) (Stacie Renae Calhoun Bilyeu, Springfield, for appellant).