State v. Victorsen

OPINION

AMUNDSON, Judge

The appellant, in a DWI prosecution, moved the court to apply collateral estop-pel because the court, in an earlier hearing on the related implied consent matter, found the stop not supported by articula-ble suspicion. The DWI court denied the motion, and ruled that the stop was proper and supported by articulable suspicion. The DWI court also ruled that the failure of police to videotape the stop did not require suppression but entitled the driver to an adverse-inference instruction. The DWI court certified questions to this court on the effect of the prior implied…