HS hired our firm in 2012 because he had been charged with his 3rd DUI. As usual we filed a petition to rescind Statutory Summary Suspension, Subpoenaed all relevant reports, and began our investigation. It turned out that HS had been followed by a “concerned citizen” who was reporting supposedly erratic driving. The citizen had phoned 911 and was in an active conversation with police dispatch. He ultimately pursued HS into a McDonald’s parking lot and awaited the arrival of police officers.
A local police officer responded to the scene. He watched HS go through the drive-thru lane, order food and proceed to a parking spot. The officer believed he observed unusual actions while HS drove through the drive-thru lane and placed his order. As a result, the officer pulled directly behind HS’ vehicle (effectively blocking him in) and approached him for an interview.
We filed a Motion to Quash Arrest. We believed that the officer’s actions amounted to an unconstitutional stop and seizure of HS’ vehicle.
This amounted to a clear violation of his 4th amendment rights. After a hearing at which the officer testified and was vigorously cross-examined, the court
ruled in our favor. Long story short… MOTION TO SUPPRESS EVIDENCE GRANTED – FELONY DRIVING UNDER THE INFLUENCE OF ALCOHOL – CASE DISMISSED