Phillips v. the State

The video recording is not inconclusive. It clearly contradicts the officer’s hearing testimony. I therefore respectfully dissent.

At the hearing, the officer testified that he initiated the stop “when [Phillips] crossed over [the] fog line and up to the edge of the grass[.]” He further testified that he would not stop a car for merely “drifting within a curve.” The video recording, however, shows that Phillips was stopped immediately after his tire touched — but did not cross — the fog line. It most certainly does not show that Phillips drove “up to the edge of the grass.”

It is true that the…