State v. Reid

The State appeals an order of suppression and subsequent dismissal of charges against Jay W Reid for being in physical control of a vehicle while under the influence, for obstructing a police officer, and for felony possession of a firearm. It contends, inter alia, that the trial court erred in finding Reid’s vehicle to be “safely off the roadway,” as RCW 46.61.504(2) uses that term, and in relying on that finding to conclude that the arresting of ficer lacked probable cause to question and to arrest Reid. Because the trial court erred in applying this affirmative defense in the context of a…