State v. Huffman 2010-41602MMAES

Kevin Jeffrey Pitts

Case Conclusion Date:March 8, 2011

Practice Area:DUI / DWI

Outcome:DUI nolle prosequi, careless driving dismissed.

Description:The police stated that the accused accelerated quickly at a light then accelerated into a turn. The officer stated that the he observed the tires spinning during a u-turn causing traffic to take caution. On cross examination it was revealed that the car alleged to have taken caution did not lock up its brakes or show indications that brakes were applied. The officer testified that it appeared that the car let of the accelerator but did not appear to dip forward. The officer alleged that the driver then turned off his headlights and parked the vehicle. It was revealed that the officer had already activated his lights to initiate the traffic stop prior to the allegations of the headlights going out. Testimony showed that pedestrian or vehicle traffic was not present when the headlights were alleged to be turned off. The motion to suppress was granted based on the fact that traffic was not affected by the u-turn and without a showing of danger the citation was invalid. Causing a driver to let off the accelerator was not sufficiently dangerous to justify the stop for careless driving.