DUI with a BAC (Blood Alcohol Concentration) of 0.187 License Suspension Rescinded:
I recently had a Statutory Summary Suspension rescinded (thrown out) even after my Client had a BAC of 0.187 (over 2 times the legal limit). The Judge ruled that the police officer had no reason to stop my client’s vehicle. Once the Judge ruled that a stop should not have been made, all of the evidence obtained as a result was disregarded.
Why the Police Officer Stopped my Client:
The arresting officer was waived down by another motorist who physically blocked my client’s car from passing on the street. When the police officer approached the two vehicles, he asked the reporting motorist to wait at the scene. The reporting motorist did not stay and drove away.
Facts that Came out in Court:
The arresting officer stated that he saw damage on my Client’s vehicle prior to approaching her car. However, he stated that the damage was to her driver’s side wheel. I had the police officer draw on a sheet of paper where his vehicle was, where the other vehicle was (the person who waved down the police) and where my Client’s vehicle was. Once the drawing was complete, I then was able to show the Court that the police officer was not able to see the damage. First, the police officer was sitting in his vehicle. Second, another vehicle was blocking my client’s vehicle. Finally, the officer was positioned on the passenger side of my Client’s vehicle. Therefore, he could not see the wheels on the driver’s side.