ct5#####3002

The client was driving to pick up her daughter from her ex-husband’s house. When she arrived, the ex-husband smelled alcohol and believed the client to be extremely impaired so he refused to allow his daughter to leave in the vehicle with the client. She became irate and the ex called the police and stated that the client was drunk and that he just wanted her to leave the residence. The officer arrived on the scene and activated his lights for the stop while the client’s vehicle remained in the driveway with the engine running and the client behind the wheel. After a brief encounter with the client, the officer began his DUI investigation and arrested the client for suspicion of DUI. In the police report, the officer stated that he stopped the client for fear that she was fleeing the scene. We filed a Motion to Suppress arguing that the officer did not have a legal basis for the stop of our client. At the hearing, the officer admitted that he was dispatched to the scene of a verbal dispute and not a physical dispute, the difference being that the allegations of a verbal dispute did not constitute a crime which would justify the stop. The officer also admitted that he did not observe any other criminal activity which would justify the stop. Based on the officer’s testimony and the supporting case law, the Judge agreed with our position and granted the Motion to Suppress. The State dismissed the case