State v. Galvan

OPINION

BILLINGS, Judge.

{1 Defendant Marty J. Galvan appeals from a denial of a motion to suppress evidence obtained as a result of a traffic stop. Defendant was subsequently convicted of driving under the influence of alcohol, a class B misdemeanor, in violation of Utah Code Ann. § 41-6-44 (Supp.1999). We reverse.

BACKGROUND

2 On October 22, 1999, close to midnight, Trooper Seott Stephenson (Trooper) was patrolling in the area of 800 South and 8300 West in Salt Lake City. While traveling westbound on 800 South, Trooper observed Defendant's vehicle heading eastbound and thought Defendant might…