Missouri Court of Appeals, Western District / Mar 28, 2023
State of Missouri vs. Kimberly E. Vandervort
Kimberly Vandervort was charged with driving while intoxicated after a single-vehicle collision. The circuit court partially granted her motion to suppress custodial statements made before Miranda warnings. On interlocutory appeal, the State challenged the suppression of Vandervort's refusal to submit to a blood-alcohol test and her statements about vomiting in the patrol car. The appellate court reversed the suppression of the blood-alcohol test refusal, finding it was not protected by the privilege against self-incrimination, but affirmed the suppression of the vomiting statements, concluding they resulted from a custodial interrogation.