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Editor: Bob Battle
Profession: DUI Defense Lawyer

Category: Virginia DUI

Back in February, I posted about a decision by a panel of the Court of Appeals which ruled that the mere fact that a motorist's car had a peeling inspection sticker was not enough to justify a police officer's stop. That fact alone didn't provide the "reasonable suspicion" of criminal activity needed to make the stop, according to the panel, which suppressed evidence and drugs and a gun found in the car.

The 2-1 panel opinion was written by Chief Judge Walter S. Felton Jr., joined by Senior Judge Johanna L. Fitzpatrick. Judge Elizabeth A. McClanahan dissented. This morning, the Virginia Court of Appeals issued a notice that it will rehear the case, Moore v. Commonwealth, en banc.