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STATE v. ROBERTSON

No. WD 72529.

328 S.W.3d 745 (2010)

STATE of Missouri, Appellant, v. Lindsey D. ROBERTSON, Respondent.

Missouri Court of Appeals, Western District.

December 14, 2010.

Attorney(s) appearing for the Case

Brent M. Nelson , Columbia, MO, for Appellant.

Jerome S. Antel, III , Columbia, MO, for Respondent.

Before KAREN KING MITCHELL, P.J., JAMES EDWARD WELSH, and MARK D. PFEIFFER, JJ.

JAMES EDWARD WELSH, Judge.

The State of Missouri appeals the circuit court's order granting Lindsey D. Robertson's motion to suppress evidence concerning the results of a pre-arrest portable breathalyzer test. The circuit court found that the evidence did not establish that the portable breathalyzer machine had been calibrated prior to Robertson's arrest and, therefore, no probable cause existed for her arrest. Pursuant...

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