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Criminal Practice – DWI – Search & Seizure – Reasonable Suspicion – One Weaving Instance – Bright Headlights – Wednesday Night (access required)

State v. Derbyshire Since it is utterly ordinary for an individual to be driving on the road at 10:05 on a Wednesday evening, and since many vehicles on the road today use the same “very, very bright” halogen headlights that defendant had, the only circumstance supporting the traffic stop of defendant was one instance of weaving in which the right side of his tires crossed the dividing line in his direction of travel. The arresting officer lacked a reasonable and articulable suspicion of the commission of a crime. We reverse the trial court’s denial of defendant’s motion to suppress. Remanded.

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