If a police officer determines a person has been drinking, then runs them through HGN and observes only two cues of impairment as well as slight to moderate sway. They have W/B eyes and slight odor of EToH. Informs the suspect he believes the suspect is under a .08% and has the suspect submit to a PBT which depicts their BAC to be .09 percent. The cop then cuts the driver a break and has them park the car. Informs them if they come back to drive the car then the will be arrested for DUI. The suspect leaves and returns around 30 mins later and drives away. The cop notices the vehicle move and pulls them over. The cop immediately arrests them for DUI to the slightest degree. Can the cop use the probable cause from the first stop to stop and arrest on the second?
1 Answer from Attorneys
Great question. Is this a real scenario or a law school examination question? In my view, if the officer has reason to believe it's the same car and it's being driven by the same person, then yes, at least in the first instance. But it is still something that a qualified, aggressive lawyer will investigate and consider challenging.
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