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Published by the Indiana Office of Court Services

Keck v. State, , __N.E.2d __ (Ind. Ct. App., Apr. 24, 2013).

April 25, 2013 Filed Under: Criminal Tagged With: Appeals, M. May

May, J.
Darrell Keck was stopped after police saw him driving on the left side of a county road. He was charged with operating a vehicle while intoxicated [footnote omitted] and operating a vehicle with a blood alcohol level of .08 or more, [footnote omitted] both Class C misdemeanors. Keck moved to suppress evidence arising out of the stop, arguing police should not have stopped him because road conditions were so bad he could not safely drive on the right side of the road. In granting Keck’s motion to suppress, the trial court determined “driving left-of-center has become a necessity” because of poor road conditions in the county, and police therefore did not have reasonable suspicion to stop Keck. (App. at 17.) The State appeals, arguing the police had reasonable suspicion to stop Keck because he was driving left of center. We affirm.  [Footnote omitted.]
ROBB, C.J., and RILEY, J., concur.

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