S-17-0997 State v. Adam Petsch (Appellant)
District Court for Lancaster County, Honorable Robert R. Otte
Attorneys: Siobhan E. Duffy (Attorney General’s Office) --- Brad Roth (McHenry, Hazard, Roth, Hupp, Burkholder & Blomenberg, PC) (Appellant)
Criminal: DUI
Proceedings below: The district court affirmed county court’s denial of motion to suppress and conviction for DUI.
Issues: The trial court erred in 1) overruling Appellant’s motion to suppress, 2) finding Appellant was not arrested when he was handcuffed at gun point minutes after his vehicle was stopped, 3) finding sufficient probable cause to arrest Appellant for driving while intoxicated, and 4) finding Appellant guilty of second offense DUI .15+ or refusal and unlawful/fictitious display of plates.