DPS v. J.C.

John Hunsucker

Case Conclusion Date:June 28, 2011

Practice Area:DUI / DWI

Outcome:Appeal sustained, no license loss.

Description:District Court Appeal from DPS order suspending JC's license. After trial on the merits, Judge found that there was not reasonable suspicion of a crime to justify the stop and ordered DPS to reverse the suspension and return JC's license. Trooper testified that JC went over the fog line at least one time. As common practice in my cases, we subpoena and review all the video tapes related to the case. The video only showed that JC touched the line one time and never went over the line. I argued that this does not justify a stop and the Judge agreed.