People v. Motzko

Court dismissed DUI charge after granting Defendant’s motion to suppress. Court ruled that facts known to officer at time he arrested Defendant did not amount to probable cause to arrest him.State indicated that it had additional evidence to present at trial. Court’s order granting motion to suppress and quash arrest was thus not a final order and was not tantamount to acquittal, and did not serve as a bar to further prosecution. Court had no statutory authorization to dismiss the DUI charge. As State was not obligated to show probable cause to proceed on DUI charge, which is a Class A misdemeanor, its failure to do so is not a prejudicial denial of Defendant’s due process rights. (CARTER and O’BRIEN, concurring.)