Friday, September 14, 2012

New Case from the CCA

Another motion to suppress a stop has been denied by a Trial Judge and affirmed by the Appellate Court based on a violation of TCA 55-8-115 and crossing lane lines. Judge Richard Vance in Sevier County found that crossing lane lines in violation of 55-8-115 and 55-8-143 gave the officer probable cause to stop the driver.
The defense attempted to use the Binette decision to attack reasonable suspicion to stop for DUI. When the Binnette decision was issued in 2000, the law did not include the legislation that becam 55-8-115 and 55-8-143.
Read the case of State v McGee at:

http://www.tncourts.gov/sites/default/files/mcgeematthewtopn.pdf

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