People v. Tucker

I respectfully dissent.

As the majority decision correctly recognizes, the only issue before us is whether defendant presented a prima facie case that the arresting officer did not have reasonable grounds to believe that he was driving under the influence of alcohol. The trial court found that there was probable cause for stopping defendant’s vehicle, and that finding is not challenged here.

The majority takes the position that defendant’s testimony that he drove correctly for a distance of several blocks in itself constitutes a prima facie showing that the officer had no reasonable basis for…