Can the Police Make a Traffic Stop for DUI When a Passenger Flicks a Cigarette Ash Out the Window? No

While the rhetorical question posed in the title above and its answer may cause an “of course” response from the reader, it is not quite so clear.  After all, we all know that the facts of a case are the totality of the circumstances and not just one fact in isolation.  Police officers also often add facts to the situation, facts that are significant but not mentioned on the police report.  To see how the dropping of a cigarette ash reason was defended and discussed by an appellate court, click on the following case summary.

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