The defendant was stopped because his tinted windows were too dark. Once the trooper turned on his blue lights, the trooper felt that it took the defendant too long to pull over. The defendant took multiple turns before stopping in a McDonald’s parking lot. According to the trooper, this was a high crime area and he believed the defendant was going to jump and run. Once the trooper approached the vehicle, he smelled a strong odor of alcohol, noticed his eyes to be red and glassy, his speech to be slurred, the defendant admitted drinking alcohol, and the defendant questioned why the officer wanted him to do sobriety tests. Upon questioning the trooper, the trooper immediately arrested the defendant because his questions led the trooper to believe he was about to get ready to run. Mr. Marshall was able to show that the trooper had no reason to ever believe that the defendant was going to run because the defendant remained polite and compliant the entire time. Mr. Marshall was also able to show that there was no evidence of impairment that amounted to a reasonable basis for which to arrest the defendant. Mr. Marshall convinced the court that without any evidence of impairment, the trooper jumped to the conclusion that the defendant was impaired, just like the trooper wrongfully jumped to the conclusion the defendant was going to run. The court found that the defendant’s arrest was unlawful and dismissed the DWI.
Author Bio
J. RUSSELL W. DeMENT III
RALEIGH CRIMINAL DEFENSE LAWYER
Russell W. “Rusty” DeMent III is a trial lawyer and managing partner at DeMent Askew Johnson & Marshall. A former Wake County Assistant District Attorney, he brings decades of courtroom experience to defending serious criminal charges in both state and federal courts, including DWI, violent crimes, and drug offenses.
Regularly recognized in Best Lawyers in America, Super Lawyers, and Business North Carolina’s Legal Elite, Rusty is a Fellow of the National College for DUI Defense and the Litigation Counsel of America. His legal insight and calm command in high-stakes cases make him a trusted advocate across North Carolina.
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