Friday, March 2, 2012

Motion to Suppress - DRIVING UNDER THE INFLUENCE (DUI/DWI/DAI)

Commonwealth v. M.K. (Motion to Suppress)

Charge/Violation:

                        75 §3802 §§A1 - DRIVING UNDER THE INFLUENCE OF ALCOHOL OR                                                                           CONTROLLED SUBSTANCE  - Misdemeanor

                        75 §3802 §§C -   DRIVING UNDER THE INFLUENCE OF ALCOHOL OR                                                               CONTROLLED SUBSTANCE  - Misdemeanor

                        75 §3301 §§A -   DRIVING ON THE RIGHT SIDE OF ROADWAY - Summary



Case Facts:  Police initiate a traffic stop of Defendant's vehicle based upon their observation that the vehicle traveled with half its width into the opposite lane of travel.    Police pursued the vehicle, which was stopped at a red traffic signal, approximately one-half mile from the location where Police first observed the vehicle.

Verdict:  Attorney Paletta presented an Omnibus Pretrial Motion/Motion to Suppress  alleging that police did not have reasonable suspicion to stop the vehicle.  This Motion was granted.  The Commonwealth did not proceed on the case and filed a Petition for Nolle Prosse.  ALL CHARGES AGAINST DEFENDANT WERE NOLLE-PROSSED/ WITHDRAWN