Legal Topics

Licensing — Driver’s license — Suspension — Refusal to submit to breath test — Lawfulness of stop

Apr 22nd, 2024 in by admin

Licensing — Driver’s license — Suspension — Refusal to submit to breath test — Lawfulness of stop — Welfare check — Officers responding to 911 call reporting what appeared to be a Dodge Charger traveling at high rate of speed on Interstate highway and then pulling over “probably at mile marker 283” with woman “bolting” from vehicle — It was objectively reasonable for officers to conduct welfare check on Jeep parked on side of highway at mile marker 282 with a person standing outside of vehicle in the rain — Request that licensee exit vehicle and decision to conduct DUI investigation were justified where, immediately upon contact, officers noted that both licensee and her companion showed signs of impairment and observed open liquor bottle in vehicle — Use of emergency lights when pulling up to licensee’s vehicle was appropriate and did not result in unlawful detention