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State v. L.M.

Case Conclusion Date: 03.06.2012

Practice Area: DUI & DWI

Outcome: After a hearing on out pre-trial motion, the DUI charges were dismissed.

Description: Driver was stopped by a law enforcement officer who observed him cross over the lane divider on a curve. After the driver was stopped, the officer called for backup officers. The first backup officer who responded briefly spoke to the driver and then left. Additional backup was requested. When a second backup officer arrived, the officer who had stopped the driver told him she made observations consistent with DUI. The driver was arrested. Thorough investigation revealed that the officer who stopped the driver told the first agency that she radioed that she had not observed any indication of alcohol use or DUI. We then discovered that the officer may have used the unusually long stop in this case in order to accrue comp-time. We moved to suppress the evidence of DUI, and vigorously litigated the issue of the improper stop.

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