Second DUI in Same Night Dismissed Based Upon Illegal Detention

This started as a routine DUI case in Mifflin County.  The police observed a traffic violation, conducted a traffic stop, and while interacting with Client, the police suspected that Client was under the influence of alcohol.  Client was arrested, transported to the hospital, and blood was withdrawn. Client was taken to his residence, and Client was warned that he needed to stay home and not attempt to retrieve his vehicle.  Client told the officer that the vehicle was needed in order to drive to work the next day.  Fearing that Client would attempt to retrieve his vehicle, the officer contacted a second police officer and requested that the officer conduct surveillance on Client’s vehicle. The second officer watched a person enter the vehicle and drive away. The officer followed the vehicle until it parked at a home. At taht point, the officer activated his police lights and approached the driver. At that point, the officer identified the driver as Client. Client was arrested again, transported to the hospital again, and blood was drawn again.  Client was charged with two separate cases of Driving Under the Influence in Mifflin County.

Pretrial Motion to Suppress

State College DUI lawyer Jason S. Dunkle filed a Pretrial Motion to Suppress evidence in the second DUI case and argued that the second officer did not have probable cause or reasonable suspicion to detain Client.  The second officer did not observe Client commit any traffic violations.  Also, the second officer was not involved in the first DUI arrest, so the second officer had no idea whether or not the driver was Client.  Because the second officer did not have sufficient evidence to suspect that Client was the driver and did not observe the driver violate the law, the second officer did not have sufficient evidence to stop Client.  Therefore, the stop violated Client’s constitutional rights. The Mifflin County judge agreed with the defense argument and granted the suppression of all evidence in the second DUI case.  The Mifflin County District Attorney then dismissed the Driving Under the Influence charges in the second case.