Police officer monitoring traffic takes note of late model vehicle allegedly speeding on Main thoroughfare, but he is unable to initiate motor vehicle stop due to his current roadway position with another stop. Approximately one (1) hour later the same officer is called to assist with a domestic issue and the report of the wife being highly intoxicated. The responding officer recognizes the car in the driveway and the wife as being the same driver he saw earlier. There is evidence that she consumed wine at home and is highly intoxicated. Defense prevails on Clerk/Magistrate to deny application for OUI criminal complaint, due to lack of probable cause that driver was impaired earlier when officer observed her driving.
25 years of Proven Results.