State v. Wagner

OPINION

R.A. RANDALL, Judge.

The state challenges a pretrial order suppressing evidence of respondent’s intoxication and dismissing the gross-misdemeanor driving-while-intoxicated complaint. The state argues (1) that the district court erred in ruling that the trooper, who saw respondent’s vehicle drive on the shoulder of the road, then cross the center line, then speed up as if to evade the officer, did not have articu-lable suspicion supporting the stop; and (2) that the district court should have collaterally estopped respondent from challenging the legality of the stop when that issue was…