This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
- The Defendant was convicted for driving while under the influence of intoxicating liquor/drugs (DWI) after being involved in a single vehicle minor traffic accident where his car collided with a barrier. Officers at the scene observed signs of intoxication, including the smell of alcohol coming from the Defendant and his bloodshot watery eyes.
Procedural History
- Metropolitan Court: The court permitted the State to establish reasonable suspicion for initiating a DWI investigation based on the testimony of the second officer at the scene, after suppressing the testimony of the first officer, Officer Dustin Shrouf.
Parties' Submissions
- Defendant-Appellant: Contended that the metropolitan court erred in its suppression decision and argued that the scope of the detention exceeded what was reasonably necessary to investigate the traffic accident.
- Plaintiff-Appellee: Argued that the officers had reasonable suspicion to initiate and expand the investigation into a DWI based on their observations at the scene.
Legal Issues
- Whether the metropolitan court erred in permitting the State to establish reasonable suspicion for a DWI investigation based on the testimony of the second officer after suppressing the testimony of the first officer.
- Whether the scope of the detention exceeded what was reasonably necessary to investigate the traffic accident.
Disposition
- The appeal from the Defendant's DWI conviction is affirmed.
Reasons
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Per Jennifer L. Attrep, J., with Kristina Bogardus, J., and Jane B. Yohalem, J., concurring:The Court considered the Defendant's memorandum in opposition but remained unpersuaded, affirming the conviction. The Defendant's shift in argument to focus on the scope of the detention being beyond what was necessary for the traffic accident investigation did not convince the Court. The observations made by Officers Shrouf and Cordova provided reasonable suspicion to expand the traffic stop into a DWI investigation, consistent with established case law regarding the expansion of investigations based on observed signs of intoxication (paras 1-5).
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