Defense Attorney: John Scott Webb, Esq.
Offense: Operating Under the Influence (OUI, DUI, DWI)
Maximum Sentence: 364 days in jail
Synopsis: Client was traveling through an intersection on a cold winter night, and drew the attention of a police officer sitting at the intersection with his window down. The officer believed that client was accelerating too quickly through the intersection and followed him to investigate. The officer turned on his blue lights to stop the client as client made a left turn, causing his vehicle to slide on the snow. Having narrowly avoided a snow bank, client pulled over and was confronted by the officer. After performing a series of field sobriety tests the client was arrested and taken to the police station, read Implied Consent at which time he refused to take a breath test. Defendant filed a motion to suppress the stop of the motor vehicle by the police officer, complaining that the officer lacked a reasonable, articulable suspicion to stop client and investigate him for operating under the influence. At the hearing the officer testified that he was drawn to Client’s vehicle by the loud sound he heard due to his window being open, and watched the vehicle race through the intersection using his rear view mirror as he sat at the intersection. Following further hearing, arguments by the Government and Defense Counsel, the case was taken under advisement by the sitting Justice.
Resolution: The motion to suppress was granted by the Judge and the case was dismissed.