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State v. Warren

The trial court erred in finding that a traffic stop was unauthorized where the evidence showed that defendant pulled in front of an off-duty sheriff on a multi-lane highway, causing the sheriff to brake and pull over to avoid a collision.

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Harold Glenn Warren was charged with driving under the influence and failure to maintain lane. The trial court granted his motion to suppress, and the State appeals.

Rockdale County Sheriff Jeff Wigington testified at the suppression hearing about the events leading up to the traffic stop. Sheriff Wigington testified that on the date in question he and his family were traveling West on Highway 138. He was driving a Ford Expedition, which was provided to him by the county and which was equipped with blue lights, sirens and radios. Sheriff Wigington testified that he was traveling in the right lane of a multi-lane highway, and that the lane to his left which ran in the same direction was clearly marked as ending so that the traffic traveling in that lane was required to merge into the right lane. Sheriff Wigington testified he noticed a car traveling in that lane which appeared to be attempting to overtake him, but that the car ran out of room when the lane ended and that he had to brake and pull over to the right to allow the car sufficient room to move over into the right lane. Sheriff Wigington testified that at that point he turned on his blue light and stopped the car, which was driven by Harold Glenn Warren, for moving over improperly into his lane. Sheriff Wigington testified that after he stopped Warren he detected the odor of alcohol on Warren’s breath, and although Warren initially denied he had been drinking, he subsequently admitted he had consumed a “couple” of drinks. Sheriff Wigington then radioed for a unit to be sent out to assess Warren for DUI and Warren was subsequently charged with both DUI and failure to maintain lane.

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