State v. Zimmerman

The Supreme Court affirmed in part and reversed and remanded in part the district court’s denials of Defendant’s motion to suppress and motion in limine and the grant of the State’s motion in limine in this criminal case.Defendant was charged with aggravated driving under the influence (DUI), a felony, or, in the alternative, aggravated DUI per se, a felony. Defendant filed a motion to suppress field sobriety tests based on newly discovered evidence calling into question whether the arresting officer made accurate individualized reports of his traffic stops and whether he possessed sufficient particularized suspicion to investigate Defendant for DUI in this case. Defendant also filed a motion in limine requesting exclusion of his prior DUI convictions. The district court denied both motions. The Supreme Court held that the district court (1) did not err by denying Defendant’s motion to suppress; (2) abused its discretion by granting the State’s motion in limine and preventing Defendant from challenging the arresting officer’s credibility in front of the jury; and (3) erred when it denied Defendant’s motion in limine and allowed the evidence of his prior DUI convictions to establish the offense of aggravated DUI. View "State v. Zimmerman" on Justia Law