DWI Stop for Reasonable Suspicion of a Traffic Violation

| Jan 31, 2011 | Criminal Defense |

The Court of Fort Worth in Reed v. State, heard a case on appeal where the State’s reasonable suspicion to stop the defendant for DWI based, in part, on the time of day and an area of the city that the defendant was coming from.  “Here the [officer] not only testified that he had stopped the defendant because of her driving violations, but also because he had suspected that she might be intoxicated based on the time of day, the area of the city she was coming from, and his experience with intoxicated drivers exhibiting similar characteristics of driving…[T]he totality of circumstances surrounding the stop support a reasonable suspicion that Reed was driving while intoxicated.