814.273.2010

814.273.2010

purchase, george & murphey.

purchase, george & murphey.

Court: State Police Lacked Reasonable Suspicion to Stop Lake City Driver Charged with DUI

Tower near water Marina

Court: State Police Lacked “Reasonable Suspicion” to Stop Lake City Driver Charged with DUI

On April 9, 2010 at about 2:30 in the morning, a police cruiser performed a U-turn and followed the only other car on the roadway. After following the small car for more than four miles, the trooper activated the overhead lights of the cruiser and pulled the driver over. The officer told the driver that he had stopped the motorist because, according to the officer, he had crossed over the center line three times. The driver disputed this claim at the scene. After questioning the driver further and asking him to perform field sobriety tests, the driver was arrested for DUI, possession of a marijuana pipe, and a Pennsylvania Vehicle Code violation for allegedly crossing the center line.

After a preliminary hearing, Erie DUI attorney Tim George filed a suppression motion on behalf of the driver. Following a suppression hearing in the Court of Common Pleas, at which the dashboard camera which showed all of the driving done by the accused was made available, the Court ruled that the police lacked reasonable suspicion to stop the driver. As a result, all of the evidence obtained after the stop was excluded, leaving no evidence (including the man’s blood test results, his admissions to police, and the marijuana pipe) to be offered against him.

No two cases are exactly the same. The facts of each case often are in dispute. You cannot expect that your case will be resolved just like this one. However, you can expect our best effort, personal attention, and a commitment to the defense of your freedom.