State, Department of Highway Safety & Motor Vehicles v. Dean

I respectfully disagree with the majority’s decision to deny the Department of Highway Safety and Motor Vehicles’ petition for second-tier certiorari review of the circuit court’s order quashing the suspension of Nicole Dean’s driver’s license.

In granting certiorari below, the circuit court found that the record “fails to establish sufficient probable cause to conduct a stop and subsequent arrest of the petitioner.” However, “neither the statute nor the case law requires an officer to have ‘probable cause’ at the time he or she makes an investigative stop.” Dep’t of High. Saf. & Motor Veh. v.…