• 31
  • January
    2012

Just before New Year's Eve, the Indiana Supreme Court released its ruling regarding whether police can pull over a drunk driver based solely on a 911 tip from another driver trying to prevent an auto accident. In a 4-1 decision, the Court overruled the trial court and appellate decision that the police did not have a reasonable suspicion to stop the car.

The facts of the case are simple: a concerned citizen called 911 and told the operator he had been following a blue Volkswagon that was weaving and driving erratically on the road. He willingly gave his name and telephone number, and reported that the car had just pulled into a gas station. Ninety seconds later, police arrived at the gas station and stopped the blue Volkswagon. The female driver had bloodshot eyes, slurred speech and a strong odor of alcohol. She failed three field sobriety tests and was arrested. Her subsequent blood tests shown her BAC was .22, or almost three times the legal limit.

The Indiana Supreme Court looked at the totality of the circumstances, including the time, location, specific vehicle make and color, immediate response by the police and the fact that the tipster gave his name and number. They found that reasonable suspicion existed, based on articulable facts, to stop and briefly detain the driver for investigatory purposes. All drivers in Indiana should be aware that if they make the irresponsible decision to drive while intoxicated, all it takes for their arrest is a simple call by a fellow motorist.

Doehrman Chamberlain - Indianapolis accident lawyers