Beating the Rap . . . But Taking the Revocation  

Published for NC Criminal Law on February 04, 2015.

Myra Lynne Combs beat her DWI charges in court. The trial court held that the officer who stopped her didn’t have a lawful reason to do so. So the trial court suppressed all the evidence resulting from the stop, and the State dismissed the charges. But Combs’ license was revoked for a year anyway based on her refusal to submit to a breath test after she was arrested. Combs didn’t think that was right, so she took her case to the state court of appeals. Combs v. Robertson. The court of appeals affirmed the license revocation, holding that the exclusionary rule that bars the admission of evidence gathered in violation of a defendant’s Fourth Amendment rights does not apply to civil license revocation proceedings. Thus, the trial court’s determination that evidence resulting from the stop of Combs should be suppressed on the basis that the officer lacked reasonable suspicion to stop Combs did not bar DMV from relying on that same evidence to revoke Combs’ driver’s license. Facts.  The Mount Airy police received an anonymous tip on January 6, 2013 that the driver of a blue Ford Explorer might be impaired as the car was weaving in the roadway. Officer David Grubbs traveled to the area and saw a vehicle that matched the caller’s description. He followed the vehicle and did not see it weave. The vehicle made several turns, and at the last such turn, Officer Grubbs believed it crossed slightly over the center of the road, which did not [...]