Articulable suspicion of criminal activity.

Topic: DUI, Decided by: Judge Kennedy 
Docket Number: 1339402 , Decision Date: July 30, 2013 
Attachment: Click here to download the decision. 

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 tantamount to a non-verbal refusal.

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