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Traffic stop did not commence when officer briefly activated emergency lights.

Topic: DUI, Decided by Judge Malihi 
Docket Number: 1635960 , Decision Date: 2016-05-25 
Attachment: Click here to download the decision. 

An officer’s activation of emergency lights may constitute a “show of authority” effectuating a seizure.  However, activation of blue lights is not irrefutable evidence of a traffic stop; whether an individual has been seized must be determined by analyzing “all of the circumstances surrounding the [..] Read More..

Driver did not refuse test where he provided one adequate breath sample.

Topic: DUI, Decided by Judge Woodard 
Docket Number: 1635913 , Decision Date: 2016-03-24 
Attachment: Click here to download the decision. 

A driver agreed to submit to a state-administered breath test after he was arrested for DUI and read the implied consent notice.  During the test, the driver provided one adequate breath sample, but failed to provide a second sample.  The officer thereafter indicated on the [..] Read More..

Must affirmatively request chemical test to rescind refusal.

Topic: DUI, Decided by Judge Woodard 
Docket Number: 1620749 , Decision Date: 2016-02-18 
Attachment: Click here to download the decision. 

A DUI suspect was not shown to have rescinded his initial refusal to submit to a state-administered chemical test by virtue of the fact that he did not refuse to cooperate with a breath test after the arresting officer presented a search warrant and advised [..] Read More..

Roadblock documentation may be admitted without testimony of supervising officer

Topic: DUI, Decided by Judge Brown 
Docket Number: 1625955 , Decision Date: 2016-02-02 
Attachment: Click here to download the decision. 

The state need not produce the testimony of the supervising officer who implemented an administrative roadblock in order for documentation authorizing the roadblock to be admissible.  Testimony of a trooper who was involved in executing the roadblock at issue was sufficient to lay the foundation [..] Read More..

In DUI arrest, state failed to establish probable cause given totality of the evidence.

Topic: DUI, Decided by Judge Malihi 
Docket Number: 1614221 , Decision Date: 2015-12-31 
Attachment: Click here to download the decision. 

Minor driving infractions (speeding, crossing the dashed lane marker, slightly grazing curb upon stopping), watery eyes, and moderate odor of alcohol, were insufficient to demonstrate probable cause when weighed against clear indicia that the driver was not intoxicated, including his clear speech, normal gait, and [..] Read More..

Driver failed to demonstrate proper rescission of refusal to take test.

Topic: DUI, Decided by Judge Miller 
Docket Number: 1604812 , Decision Date: 2015-09-15 
Attachment: Click here to download the decision. 

The driver did not meet his burden of showing he properly rescinded his initial refusal to take the state-administered chemical test.  Specifically, the driver did not rebut the corporal’s testimony that honoring the driver’s request was unreasonable because the corporal had other calls for service. [..] Read More..

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