The Binette decision

Back in the year 2000, Justice Barker authored the Binette decision. Current Chief Justice Holder wrote a dissent. Barker did not think the driving was bad enough to justify the stop of Binette with his BAC level of .16. Barker wrote: "Binette did move laterally at times within his lane while operating his vehicle, we find that his movement was not pronounced, and therefore did not give rise to reasonable suspicion that he was under the influence of an intoxicant." I am posting here the video of the traffic stop. Every time a motion to suppress a stop is filed, the basis for suppression is this case. By viewing the video you can judge whether the driving in your case is worse than the driving in this video.