September 2013

Police officer did not have probable cause to arrest Petitioner for driving under the influence or refusing to consent to a state-administered chemical test because, while Petitioner, who had been stopped at a roadblock, admitted to drinking, the officer presented no evidence that he had seen any signs of impairment.  The mere presence of alcohol […]

Pulling into the driveway of an unoccupied home to switch drivers was sufficiently suspicious to give an officer articulable suspicion of criminal activity.  Furthermore, the encounter was non-coercive and did not constitute a stop.  Suspension of Petitioner’s license was appropriate as she did not affirmatively agree to submit to the state chemical test, which was