On or about Saturday, December 09, 2017, Officer Tran, Badge # 40388, of the Valley Traffic Division Police Department, contacted Respondent as a result of a 911 dispatch call for a DUI traffic collision investigation that a vehicle blocked the drive way and collided with the gate. And, upon investigation, determined that Respondent had been driving the motor vehicle that was blocking the roadway.
»Contention: Counsel for the respondent argued that there was no volitional movement of the vehicle or driving observed by the officer, therefore making the contact and the arrest by the officer invalid.
» Determination: Counsel contention is unconvincing in that admission by driver proves driving for a lawful arrest. Even though the arresting
»Contention: Counsel for the respondent argued that there was no volitional movement of the vehicle or driving observed by the officer, therefore making the contact and the arrest by the officer invalid.
» Determination: Counsel contention is unconvincing in that admission by driver proves driving for a lawful arrest. Even though the arresting