
Case:
State v S.P.
Charges:
Gross Misdemeanor 3rd Degree DWI in Olmsted County
Outcome:
All charges dismissed & license revocation rescinded

S.P. was stopped by an officer in her driveway as she arrived home from a night out. The officer claimed she didn’t use her turn signal as she turned onto her street. S.P. was adamant she used her turn signal as she always does when she turns on her street. We reviewed the evidence and found several issues with the way in which the officer conducted his investigation.
We recommended to S.P. that we should challenge several evidentiary issues. She agreed and we scheduled a contested omnibus hearing. At the hearing, the officer testified that he saw S.P. turn without her signal. However, the video from the officer’s dash camera showed he was not immediately behind her as she turned. We argued that the officer’s testimony was not credible because he was not in position to see S.P. turn.
Ultimately, the judge agreed with the defense. The judge found that the officer’s testimony was not credible and, as a result, all evidence should be suppressed. She dismissed all charges against S.P. and rescinded the revocation of S.P.’s driver’s license.