Mr. Cross represented a woman charged with DUI 2nd Offense. She had registered an unusually high blood alcohol level (.21) on the DataMaster instrument used to test her breath.

The woman had been at a local bar with friends when they left to attend the casino. On the way to the casino, the client was stopped for passing too close to a police vehicle at the side of the road, and for not slowing down.

Mr. Cross located a witness that could attest to the fact that the client had applied her brakes when passing the police vehicle. A motion was filed and an evidentiary hearing was conducted where Mr. Cross cross-examined the sheriff's deputy on the witness stand. The deputy reluctantly acknowledged that he was unable to determine the client's speed as she passed his vehicle. Mr. Cross also brought to the Court's attention that based on the width of the client's vehicle and nature of the roadway, she was not required to change lanes.

Based on the deputy's unreasonable stop of the client's vehicle, Mr. Cross moved for suppression of the stop and all evidence flowing therefrom. The motion was granted.

RESULT: CASE DISMISSED. PROSECUTOR APPEALED: DECISION UPHELD ON APPEAL, CASE DISMISSED.