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Thursday, October 7, 2010

Skagit County DUI News: Anacortes DUI Stop based on only one lane incursion - can it be dismissed?

On September 24th a 36-year-old Anacortes man was arrested on a charge of DUI after an officer followed a truck eastbound on 12th Street and saw it swerving from the center line to the fog line and continue driving over the center line for an entire block around 1:48 p.m. The driver appeared intoxicated and failed field sobriety tests. He was arrested and taken to the police department for a breath test.  From these facts it sounds like a motion to dismiss based on lack of probable cause to stop is in order (see State v. Prado 186 P.3d 1186 (WA 2008))
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