- Court of Appeals of Texas, Eleventh
- JOHN M. BAILEY, JUSTICE
Police pulled over Seth Aaron Ardoin on suspicion of drunken driving after he drove on or near a curb twice at 12:30 a.m. An administrative law judge allowed the Department of Public Safety to suspend Ardoin's driver's license because he refused to submit a breath specimen, but a court overturned her decision, holding that police lacked reasonable suspicion for the stop. The department appealed. The court found that police may have reason to investigate erratic driving even if that driving does not constitute a traffic offense, under Leming v. State
(493 S.W.3d 552). The court also found that video of Ardoin's driving showed that he struck the curb at least once and possibly twice and drifted within his lane. The court further found that although these acts are not traffic violations, they provided the "specific, articulable facts" to provide police the objectively reasonable basis needed to pull over a driver under Leming
. The court thus held that police had reasonable suspicion to stop Ardoin. The court reversed the trial court's ruling, rendered judgment in favor of the department, and reinstated the administrative law judge's decision.
Texas Department of Public Safety v. Ardoin, Eastland Court of Appeals, Case No. 11-15-00043-CV, 3/31/17.
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