A man arrested for drunk driving on a November night in 2009 has had his criminal conviction overturned by the North Carolina Court of Appeals due to a lack of probable cause by the arresting officer.

Prior to the drunk driving arrest, there had been a robbery in Edneyville. Four hours after the robbery was reported, a police officer patrolling the area near the crime scene noticed a car "accelerate rapidly" before following the car and calling for back up. When the officer did pull the vehicle over he could smell alcohol on the man, and a pair of breathalyzer tests confirmed the driver was driving while intoxicating.

Since the officer pulled the car over on the suspicion that the driver was involved in the robbery, the appeals court cited the potential of setting a dangerous precedent if they upheld the man's drunk driving conviction. The court's ruling stated that the officer's "reasoning must be based on more than an unparticularized suspicion or hunch" to warrant pulling over a vehicle.

"If we were to decide in the state's favor, we could potentially set a precedent allowing law enforcement to pull over any citizen driving without exhibiting any traffic violations in the vicinity of a break-in or robbery with the most minimal suspicion of involvement in the crime," the appeals court said.

With the arresting officer jumping to a conclusion, the man's drunk driving conviction has been reversed. The unjust process used by the officer did not warrant probable cause. If you have been targeted by police officers in an ambiguous manner resulting in criminal conviction, seek a reputable legal representative to review your case.

Source: The Times-News, "Appeals court overturns drunken driving charge," John Harbin, Jan. 3, 2012