February 17, 2012 – In this Driving-Under-the-Influence (DUI) case Mr. McAllister filed a motion to suppress the breath test results based on the officer not having legal cause for the traffic stop. On cross-examination the officer admitted to having won awards for the most DUI arrests for two consecutive years from Mothers Against Drunk Driving (last year he had 60 arrests; “this year I’m shooting for 100!”) “You have a streak going?” Kirk McAllister asked. “Yes , I do” was the response. Next McAllister asked “You want to keep your streak going?” The officer answered “Yes, I do.” The officer ultimately could not convincingly cite a Vehicle Code section that he claimed was violated. The judge granted the motion to suppress evidence and the District Attorney was forced to dismiss the case. (Case No. CRM015477)
