DUI Dropped in Girard Township
In June 2014, the Pennsylvania State Police followed a motorist for a short distance as he traveled west on Tow Road in Fairview Township, PA. Police eventually initiated a motor vehicle stop. The basis for the stop was that the motorist allegedly failed to keep his vehicle within its lane of travel and instead drove in the middle of the roadway and on the wrong side of the roadway. After field sobriety tests, a blood sample was obtained. The blood sample reportedly revealed a blood alcohol content (BAC) in excess of 0.20%. The motorist was then arrested for a DUI offense.
Erie, PA DUI defense attorney Tim George, on behalf of the motorist, filed a suppression motion challenging the basis for the motor vehicle stop. The defense argued that Tow Road was not clearly marked with lanes of travel and, therefore, the particular provision of the Motor Vehicle Code upon which the trooper relied in making the stop did not apply. The Court agreed and suppressed all evidence obtained following the unlawful motor vehicle stop. Sometime later, the Commonwealth withdrew all charges arising from the incident.
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