Client charged with DUI on Halloween night following a stop of his car in a fraternity parking lot.  The driver was sitting in his car, car not running, waiting for his friends so they could leave the party. The officer, who was called to the property (frat house) to remove my client and his friends from the party, approached my client in his car and told him to "just leave...this driveway is the fraternity property".  My client reluctantly started the car, moved forward 2 feet before applying the brakes so he could reverse out (he was parallel parked on a narrow driveway). Officer stopped him, told him to get out, and began a DUI investigation despite no other indicators of impairment.  No slurred speech; no bloodshot eyes; no visual clues; client arrested and charged with DUI after field sobriety tests conducted at the scene.

I filed a Motion to Suppress, arguing the stop was premature as the officer did NOT have reasonable suspicion to believe my client committed (or was committing) a crime. The officer testified and we cross-examined him regarding his actions and his decision to stop the car despite no traffic violation and no indicators of impairment.  Further, the court noted the officer had ordered my client to "get off the property" while he was seated in the driver's seat. This order to leave was mandatory, and there was no room to negotiate. Therefore, my client was complying with the order of a law enforcement officer when he put the car in drive and moved forward two feet.  Motion to Suppress was granted. DUI case was dismissed.