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DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.

Lack of Probable Cause to Stop Juvenile Leads to Dismissal of Underage Drinking Charge

Teenage high school student swerved to avoid a trash bag in his lane of travel on his way home from a friend's party. The police officer witnessing the car swerve suspected the driver might be impaired and followed the teen for almost 5 miles, then stopped his car as he was turning onto the street where he lived. During this 5-mile observation, the officer testified the boy had not exceeded the speed limit, did not weave in his lane of travel, safety stopped for at least three red lights, and did not evince any other signs of driver impairment. In response to the policeman's question, the boy admitted he had consumed three beers at his friend's party earlier, but had nothing to drink for almost two hours before leaving the party. A preliminary breath test (PBT) administered at the scene of the stop put the boy's BAC at 0.03, barely above the limit for conviction for underage consumption.

At trial, the defense moved to strike all of the evidence because the stop was pretextual, and the officer lacked probable cause that the boy had committed any crime to justify the stop. The court agreed, and dismissed the charge.

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