Late last month, a state appellate court issued a written opinion in a New York DUI case requiring the court to determine if the police officer that stopped the defendant possessed probable cause to do so. Ultimately, the court concluded that the police officer did not have probable cause to stop the defendant’s vehicle for a traffic stop after hearing his tires squeal as he pulled away from an intersection. Thus, the court held that the defendant’s motion to suppress should be granted.
A police officer was on patrol around 2:30 in the morning. The area bars had just closed, and there were a number of pedestrians in the area. While waiting at an intersection, the police officer noticed that as the light turned green, the tires on the defendant’s vehicle squealed as he pulled away from an intersection at a quick pace.
The police officer decided to pull over the defendant based on his screeching tires and rate of acceleration. At the officer’s request, the defendant provided his driver’s license and explained that he was on his way home from work. He told the officer that he did not know why he was pulled over, and the officer informed him of the basis for the traffic stop.