It was a dark, clear autumn night. All was quiet in the Officer’s squad car, at least until the radar gun whined as a vehicle approached. The Officer, one hundred percent sure that the vehicle was speeding, conducted what would be anything but a routine traffic stop. Never once did the Officer write down how fast the vehicle was going.

That may sound like the opening of a cheesy novella, but it is actually the setting of Marshall v. State of Indiana, a case examining whether the State properly established that the Officer had reasonable suspicion that Marshall was speeding. However, this case not about a traffic ticket—Marshall was subsequently charged with three counts related to operating a vehicle while intoxicated. Should it be found that the Officer did not have reasonable suspicion that Marshall was speeding, then all evidence from the traffic stop, including evidence regarding Marshall’s inebriated state, would have to be suppressed.

The Trial Court refused to suppress all evidence from the traffic stop, citing that the Officer was sure Marshall was travelling in excess of the speed limit. Marshall appealed, and the Court of Appeals reversed, finding that because the Officer “could not testify regarding the speed of Marshall’s vehicle in more specific terms. . . he did not have specific articulable facts to support his initiation of a traffic stop.” The Indiana Supreme Court disagreed, finding that, for purposes of establishing reasonable suspicion that Marshall was speeding, it is unnecessary to establish the exact speed in which the vehicle was traveling, stating, “Reasonable suspicion is not readily quantifiable.” The evidence from the traffic stop would not be suppressed.

As a DUI/OWI Attorney, I understand the rules and the consequences of a drunk driving arrest. At Yoder Kraus & Jessup we have extensive experience representing DUI/OWI clients in Angola, Auburn, Kendallville, Albion, and throughout Northeast Indiana.


Anthony L. Kraus

Anthony L. Kraus is a DUI/OWI Defense Attorney at Yoder Kraus & Jessup, PC, a comprehensive law firm serving Northeast Indiana with offices in Kendallville, Auburn, and Albion. Anthony has nearly 30 years of experience in Criminal Law, Family Law, and Litigation. He is a member of the National Association of Criminal Defense Attorneys and the Indiana Trial Lawyers Association.

While this article contains legal information and advertising material, it should not be seen as legal advice and does not create an attorney-client relationship.

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