Case: State v. M.C.
Charges: Third Degree Gross Misdemeanor DWI, Third Degree DWI – .08 or Greater
Outcome: All charged dismissed
M.C. was arrested for Third Degree DWI after leaving a popular bar. The bouncer at the bar reported seeing my client leave the bar and believed M.C. was intoxicated. A police officer was sitting and waiting only a few feet from the bar and arrived right away. The officer followed M.C. for a short time and, even though he observed no problematic driving conduct, he stopped the vehicle.
At a contested evidentiary hearing, we moved to suppress evidence collected as the result of an illegal seizure. Essentially, we argued that police had insufficient information to stop M.C.’s vehicle. The law is clear that, in order to stop a vehicle based on an informant’s tip of a drunk driver, the police must know the informant’s identity and the specific conduct they observed which they believed showed the person was intoxicated. M.C. had enough courage to fight against this violation of his 4th Amendment Rights.
Ultimately, our argument prevailed. All charges against M.C. were dismissed.