The defendant was at a bar and ran into his ex-girlfriend. He was with another girl and she became upset. He left and was in his vehicle in the parking lot with his new girl. His ex-girlfriend found an off-duty police officer at the bar and explained to him that her ex-boyfriend was following her around the bar all night stalking her, and that his license was currently suspended due to a previous DUI. The officer walked out to the vehicle and asked the defendant for his license. The defendant responded that it was suspended and he was then arrested. The state made an offer of 30 days in jail and we filed a motion to suppress. After the motion was heard, the judge decided that our argument was correct and the officer had no probable cause to approach and detain the defendant. The judge granted our motion and the case was dismissed.
DUI & Criminal Division
