My DUI stop is going to the PA Supreme Court

[cjcrew022000]

What would PC be for a drunk driver? Do they have to chug a 5th of Vodka in front of you and toss it out he window.

[Question]

That used to be our open container law until not too long ago in Tejas. :D

[tenfour]

I wouldn't worry about it. There is no way she is going to win. I mean as an officer you observe traffic all day, thats what you do. She was speeding, crossing the fog and centerline...and to top it off she was popped, whats to argue? :rolleyes:

[CTDL92]

Unfortunately in Pennsylvania, our Supreme Court has already ruled that we need PC and not reasonable suspicion to stop cars for vehicle code violations.

MCSAP- We get a lot of attorneys crying “Gleason” here as well. Hopefully we’ll get to read about you at updates next year!!!

For those of you outside the Commonwealth… in Gleason the copper watched a car swerve over the double yellow and the fog lines a number of times…. The judge threw out the PC to stop because the section regarding crossing over the double yellows requires that it create a hazard…. Apparently no cars were coming the other way at the time.

Commonwealth v. Klopp2004 Pa. Super 472, ___ A.2d ___
Decided: December 13, 2004

• An officer had probable cause to effectuate a traffic stop after observing the vehicle cross the fog and double yellow lines several times and interfere with an oncoming vehicle.

The problem with Gleason was it occurred on a four lane. Two lane highways are easier to show safety concerns.
Additionally, the court established the "momentary and minor" standard and found that an officer who observed a driver straddling the fog line on two occasions had probable cause to stop the vehicle. Commonwealth v. Garcia, 2004 Pa. Super. 372 (2004).

Recent court cases dealing with the "erratic driving" issue. Have full decision from Klopp if anyone in PA wants it.

[dwf]

We had a ruling out here very similar to what you're talking about. Our County District Court tossed a DUI for the same "not having PC (yes, PC not RS) for the DUI stop. It pretty much came down to poor report writing but the end result is if we are going to do an investigatory stop for DUI the car had better be swerving all over the road and we need to catch it on film. A few "minor" crossings of the fog line or center line won't cut it in District court.

It takes another paragraph in the already lengthy DUI report narrative to make the switch from stopping for an infraction and discovering the driver is possibly DUI.

[Deputy Joe]

Unfortunately in Pennsylvania, our Supreme Court has already ruled that we need PC and not reasonable suspicion to stop cars for vehicle code violations.

For those of you outside the Commonwealth… in Gleason the copper watched a car swerve over the double yellow and the fog lines a number of times…. The judge threw out the PC to stop because the section regarding crossing over the double yellows requires that it create a hazard…. Apparently no cars were coming the other way at the time.

I try and stop them before they cause a crash. It is a shame that you have to wait until they almost cause one. I am glad that we don't have bad caselaw like that.

[Mr Crustacean]

I thought things were bad our side of the Pond :D

We don't need any reason whatsoever to stop a motor vehicle that is being used on a road or public place.

Crustacean.

[Wombat311]

Sounds like the County judge has been on the bench too long. Needs to get outside and have a look at how the world has changed.

So, speeding, failing to keep left of center (I think creech already mentioned that) speeding again, and crossing from side of your lane to the other, both times crossing the white lines, isn't an indication that somehting may be wrong with the driver for htis judge. What a wanker.

I see no reason why you shouldn't win in the Supreme Court. Obiviously your department agrees, which is why they are pushing on with it, instead of letting it go?

I'm so glad we don't need Probable Cause for stops.

[mcsap]

If she would have had a burned out license plate light , I would have been 100% home free. Figure that out.