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State v. M.G. – .11 breath test and Speeding

L.S. was pulled over for speeding. As he pulled his car to the roadside, he reached in the glove compartment for his insurance and registration documents. The officer assumed he was reaching for a weapon and approached his car with his gun drawn. L.S. put his hands out of the car and eventually performed field sobriety evaluations (poorly). Mr. Ryczek argued that the officer's actions escalated the stop into a formal arrest and the field sobriety evaluations should be excluded. The prosecutor dismissed L.S.'s DUI case.