I was instructed to park in the right lane of a four-lane divided highway (45 MPH) where I performed the field sobriety tests in front of my car. The approach of the DUI checkpoint closed the right lane and all cars were directed into the left. However, I was parked far enough in front of the last patrol car with flashing lights that a driver could have possibly merged over to the right lane thinking that it is was no longer closed (similar to a construction zone when the cones end, people will merge over quickly). Would this safety issue be grounds for dismissing the evidence collected?
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