Case Conclusion Date: March 7, 2012
Practice Area: DUI / DWI
Outcome: Case dismissed, Not Guilty entered.
Description: BERLIN District Court Division. DWI 2nd charged.
Facts: Client parked in running truck at 2 AM. Police cruiser pulls near and stops. Client and passenger leave the truck, walk past cruiser and down the street. Officer orders them to stop and come back. Officer then orders client to perform FSTs. Suppression issues raised for stop lacking articulable suspicion and to suppress for compelling the FST.
Holding: Court grants the suppression of FST but denies on the basis of the initial stop.