 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Nicholas v. State10/29/2003
yes.
When asked if the turn was illegal, Deputy Moore testified: "Uh, not actually that I'm aware of, no."
During argument on the motion to suppress, defense counsel pressed her argument that appellant had not committed any traffic infraction by making the turn in the manner in which he did. Below, and on appeal, the State did not respond to this argument, but maintained that appellant's driving was "erratic." Thus, on appeal, our sole focus is whether appellant's driving was so "erratic" as to suggest intoxication. As the majority opinion indicates, it was not.
|