Thursday, May 2, 2013

Trial Judge error corrected

The Court of Criminal Appeals has reversed the suppression of a stop that is a real head scratcher. The Trial Judge suppressed a traffic stop in a DUI case in which the intoxicated driver went in the wrong direction in an emergency lane of the highway. The Trial Judge decided the officer did not have reasonable suspicion to stop the intoxicated driver. The Court of Criminal appeals has reversed and sent the case back for trial. Without the reversal would we have a new rule in Fayette County that you could drive the wrong way in an emergency lane of the highway? That sounds a little scary!
Read the case of State v Wagster from Fayette County at:

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