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Breath Mints Support Limo Driver's DWI Bust
FORT WORTH (CN) - Prosecutors can support drunken driving charges by pointing to breath mints that a limo driver took at a traffic stop, a divided appeals court ruled.
Trooper Preston Fulford initiated the stop in Lewisville in August 2010 after observing Robert Richardson change lanes without signaling and nearly collide with a motorcycle.
There were red flags from the get-go, according to the ruling, which notes that Richardson allegedly pulled his vehicle over on the fog line, very close to the lanes of traffic. Fulford said there was also a faint scent of alcohol in the car, and that Richardson appeared nervous.
The plan to issue Richardson a written warning allegedly changed when Fulford returned to the vehicle and noticed the "overwhelming" odor of breath mints.
...
Though Richardson testified that he did take a breath mint, he denied that he did so to mask the odor of alcohol. He also testified that he returned his driver's license and warning ticket to the trooper after he was asked to exit the vehicle.
Richardson pleaded guilty to a DWI a Denton County judge refused to suppress the evidence. The court concluded that Fulford had reasonable suspicion to continue the traffic stop in the totality of the circumstances, up to and including smelling the breath mints.
A divided three-judge panel of the Ford Worth-based Second District appellate court concluded that Fulford was justified in continuing the stop to investigate DWI.
http://www.courthousenews.com/2013/05/06/57357.htm
Nye Bevan
(25,406 posts)In my town if someone changes lanes without signaling and is pulled over and the cop smells alcohol on their breath, it is routine to do sobriety tests. I don't see what the breath mint has to do with anything.
Aerows
(39,961 posts)Breath mints or no, when you blow in a breathalyzer, it's going to pick up the alcohol.
What the heck is the breath mints angle?
former9thward
(32,028 posts)There was a "faint odor of alcohol in the car". That is not enough to do a DUI check. All they had were improper traffic actions which may or may not have had something to do with alcohol. The court ruled the breath mints were a sign of evasion and guilt so the cop was justified in continuing the investigation.