Saperstein’s client was charged with 3rd offense OWI/DUI after an anonymous caller reported to police that the client’s truck was weaving out of its lane. A State Trooper located the truck and personally observed it weaving within its own lane and driving on the solid fog line. After following the truck for approximately a mile the trooper pulled the client over. Attorney Saperstein filed a motion challenging the stop on constitutional grounds. Saperstein argued that the weaving that the trooper observed was of too short a duration and was within the lane of travel, and was therefore not enough to provide the “reasonable suspicion” necessary for a stop. The Court agreed. All evidence seized after the stop was suppressed, and the case was dismissed.
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