Wednesday, February 4, 2015

PC for lane violation upheld

In a new case from the Court of Criminal Appeals, two Judges upheld a stop based on probable cause that a violation of 55-8-123(1) had occurred. One Judge dissented.
The stop occurred after the trooper saw the vehicle cross a lane line in a curve. The Defense argued there was a lack of reasonable suspicion for a DUI.
The dissenting Judge was persuaded that the DUI line of cases controlled the situation, even though the officer recorded and testified that the stop was based on the violation.
Read the opinion by Judge Woodall at:

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