DUI License Suspension Upheld


After a DUI arrest the DMV suspended the driver’s license and the driver appealed the ruling to the Circuit court. Then, according to the appellate court, the Circuit court failed to apply correct law in reversing
license suspension on ground that arresting officer lacked sufficient basis to
initiate stop of licensee’s vehicle.  Only founded suspicion is necessary to
effectuate a DUI traffic stop, and the findings of the hearing officer clearly
supported the existence of that basis. Tips provided to dispatcher by two
individuals who identified themselves and reported that a possibly impaired
person was attempting to drive away from a convenience store were sufficient to provide founded suspicion for DUI stop. Circuit court applied incorrect law in connection with investigative stop when it relied on cases involving anonymous informants and erred in failing to impute knowledge of dispatcher to the arresting officers and in failing to conclude that officers acted upon a founded suspicion

 

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