Police respond to report of driver leaving heavily trafficked area through an area no open for vehicular traffic. Police find reported vehicle stopped on travel portion of road. Driver tells police he is waiting for friend to catch up to him, so he can follow her home. HE admits to a few drinks, “call it three(3)”. Police allege he fails standard Field Sobriety Tests and refuses post arrest breath test. Defense prepared to challenge legality of initial traffic stop based on report of conduct that was not criminal. DWI charge dismissed prior to trial.