Kendall Martin v. State of Mississippi

KITCHENS, PRESIDING JUSTICE, DISSENTING:

¶ 34. Officer Jason Johns's traffic stop of Kendall Martin was not, in fact, based upon probable cause. Therefore, the trial court erred in denying Martin's motion to suppress, and I respectfully dissent.

¶ 35. The Mississippi careless driving statute provides that: "[a]ny person who drives any vehicle in a careless or imprudent manner, without due regard for the width, grade, curves, corner, traffic and use of the streets and highways and all other attendant circumstances is guilty of careless driving," which "shall be considered a lesser offense than…