JR was called in by a citizen for swerving and varying speeds. When the officer got behind JR's vehicle, the vehicle continued to swerve and vary speeds. A traffic stop was initiated, but the officers did not notice any signs of impairment other than the driving behavior. They performed the Horizontal Gaze Nystagmus test and did not see any nystagmus. JR was then put back in his vehicle and told he could leave. Just as this happened, the more experienced of the officers decided to conduct the remaining field sobriety tests just to be sure JR was not impaired. JR performed poorly on those test and was arrested for OWI with a Minor in the Vehicle due to JR's minor child being in the vehicle. JR then admitted to having snorted heroin prior to operating his vehicle and the subsequent blood draw returned the presence of heroin.
Attorney Murray filed a motion challenging whether the officers had a reasonable suspicion to extend the initial detention as the officers had not noted any signs of impairment and had even at one point told JR he was free to leave. The judge agreed after a contested motion a hearing and the State chose not to appeal the decision. The entire case was dismissed and JR could not be happier.
