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February 2015 Archives

Heien v. North Carolina - Traffic Stop Reasonable Suspicion Requirement

Rear-Car-Light-1057404.jpgOn April 29, 2010, Sergeant Darisse of the Surry County Sheriff's Department was patrolling north on I-77. He identified a car that had a broken brake light out. The driver of the car was Maynor Javier Vasquez. Passenger Nicholas Heien was sleeping in the back seat. As Sergeant Darisse approached the vehicle, he observed driver Vasquez appeared nervous.

Using Affirmative Defenses to Protest a Drunk Driving Charge

affirmative defense drunk driving.jpgA Wisconsin man has recently blamed his 10th DUI on eating beer-battered fish. 75-year-old John Przbyla had beer battered fish for lunch before being detained at a traffic stop for erratic driving. Deputies smelled alcohol on his breath and asked if he had been drinking. Przbyla replied that his breath smelled of alcohol because he had just consumed beer-battered fish.