January 2012 DWI Blog | Winston-Salem DWI Defense Attorney

State v. Otto

The North Carolina Court of Appeals seems to be standing by there earlier ruling in State v. Fields with this new case. The facts in this case are that the defendant, Mary Otto, was observed by a North Carolina State Trooper in February, 2008 weaving from the center line to the fog line. Ms. Otto was followed for 3/4 of a mile before being stopped. She was one half a mile away from the Country Club, which the officer thought may have been serving alcohol. The Court cited State v. Fields 195 NC App 740in the opinion stating that without anything other than just the weaving, there was no reasonable suspicion for the stop. The Court concluded that based on the totality of the circumstances the Trooper did not have reasonable, articulable suspicion to stop Ms. Otto and that the stop violated her Fourth Ammendment rights. It’s good to know that weaving alone is not enough.

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