Halter v. Department of Revenue of the State, Motor Vehicle Division

Judge TURSI

dissenting.

I respectfully dissent.

Based upon the totality of the circumstance surrounding the stop and testing of the plaintiff, I cannot escape the conclusion that the request for a urine sample on the alleged ground that it was for the purpose of testing on drugs was purely pretextual, and therefore, I agree with plaintiff that the request for a second test search was without probable cause. Hence, I dissent.

Here, after plaintiff was stopped because of erratic driving, probable cause to request a chemical test for driving while under the influence of an alcohol was more than…