Violation: DUI, Possession of Handgun and Violation of State Muffler Law
Result: Charges Dismissed
Additional Case Results: Citizen was driving a four wheel drive vehicle in the City of Mt. Juliet. The police officer, who was approximately ½ mile away, testified that he heard a “loud and fast sounding” vehicle leaving a local restaurant. Officer speeds through the parking lot of Providence Shopping Center in Mt. Juliet, and quickly pulls up behind the citizen who was driving a Dodge truck on the road. A stop of the vehicle was made and the officer charged the driver with DUI, possession of a handgun and violation of the State muffler law. On behalf of the driver, we filed a motion to suppress the warrantless stop of the vehicle and to exclude any evidence obtained as a result of the stop. On cross examination, the officer admitted that he never saw the vehicle he stopped driving erratically and that the vehicle had an intact muffler system. It became clear after cross examination of the officer that he never saw the client drive improperly, spin his tires and clearly never violated the state muffler law (this law requires vehicles to have a working muffler system and the truck in question had an expensive muffler system installed). After cross examination , the Court found that the stop of the client’s vehicle lacked probable cause and that the stop of the client’s vehicle was illegal and all charges were dismissed without court cost.