Archive for July, 2010

The term “highways” is not limited to highways; authority of Highway Patrol not limited to patrolling highways.

Monday, July 26th, 2010

Defendant was driving on a city street when stopped by a Highway Patrol trooper.  Ultimately defendant was charged with a DWI, and moved to suppress the evidence claiming the stop was illegal.  This worked at trial, but the state appealed and won.  The Missouri Court of Appeals, Eastern District ruled that the term “highway” has been interpreted to include streets that are open and for use by the public.  State of Missouri v. David Dienstbach, Jr., No. 93837, June 15, 2010. 

What you need to know: the Missouri Highway Patrol’s jurisdiction is not limited to highways, but also includes city streets.