Drunk Driving: It All Begins with the Stop!

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Indiana Court Times on 9/14/2020 by The Honorable Earl G. Penrod, Senior Judge | Indiana Judicial Outreach Liaison, IOCS Education Division


A police officer sees a vehicle pass by, but doesn’t see the driver. The officer doesn’t observe any traffic or improper driving violations, but runs the license plate and learns the registered owner has a suspended operator’s license. The officer stops the vehicle and immediately notices a strong odor of alcohol and multiple signs of impairment. Defendant tests .14% on a certified test; he is arrested and charged with OVWI. A motion to suppress all evidence is filed based on an improper stop under the Fourth Amendment. How would you rule?