Appeals court reverses decision from Wilmington Municipal Court
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The Twelfth District Court of Appeals has reversed the decision of the Clinton County Municipal Court excluding evidence and finding that a police officer lacked probable cause to arrest Chad Taylor for driving under the influence, according to a release from the court.
Taylor was arrested after a Wilmington police officer pulled him over for driving left of center, the appeals court said. As the officer spoke to Taylor, he alleged he could smell a moderate odor of alcohol, and also noticed that Taylor's eyes were glassy and bloodshot, and that his speech was short and rude. Taylor refused to cooperate with the officer when he tried to administer field sobriety tests, and the officer arrested him for OVI. The municipal court determined that the officer did not have enough probable cause to arrest Taylor, and ordered that all evidence obtained after the arrest was made be excluded from trial.
The City of Wilmington appealed the decision, arguing that the officer had probable cause to arrest Taylor for OVI. Writing for a unanimous court, Judge Stephen W. Powell, found that the officer had probable cause to arrest Taylor for OVI and that the municipal court incorrectly suppressed the evidence. Presiding Judge William W. Young and Judge Robert P. Ringland
concurred in the opinion.
The decision of the Twelfth District Court of Appeals reversed the suppression of evidence and sent the case back to the trial court for further proceedings.
The Twelfth District Court of Appeals has reversed the decision of the Clinton County Municipal Court excluding evidence and finding that a police officer lacked probable cause to arrest Chad Taylor for driving under the influence, according to a release from the court.
Taylor was arrested after a Wilmington police officer pulled him over for driving left of center, the appeals court said. As the officer spoke to Taylor, he alleged he could smell a moderate odor of alcohol, and also noticed that Taylor's eyes were glassy and bloodshot, and that his speech was short and rude. Taylor refused to cooperate with the officer when he tried to administer field sobriety tests, and the officer arrested him for OVI. The municipal court determined that the officer did not have enough probable cause to arrest Taylor, and ordered that all evidence obtained after the arrest was made be excluded from trial.
The City of Wilmington appealed the decision, arguing that the officer had probable cause to arrest Taylor for OVI. Writing for a unanimous court, Judge Stephen W. Powell, found that the officer had probable cause to arrest Taylor for OVI and that the municipal court incorrectly suppressed the evidence. Presiding Judge William W. Young and Judge Robert P. Ringland
concurred in the opinion.
The decision of the Twelfth District Court of Appeals reversed the suppression of evidence and sent the case back to the trial court for further proceedings.
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