Ness v. State

Appellant, Carter Alan Ness, pleaded nolo contendere to the misdemeanor offense of driving while intoxicated, but reserved his right to appeal the denial of his motion to suppress. Pursuant to appellants negotiated plea, the trial court assessed punishment at 180 days in jail, suspended for one year of community supervision, and a $100 fine. In his sole point of error, appellant contends that the trial court abused its discretion by overruling his motion to suppress, which alleged that his breath-test results should be suppressed because he was illegally coerced by a peace officer to submit to the breath test. We affirm the trial courts ruling.