Melissa Ann Lorsung v. Commissioner of Public Safety

Summary

The court held that the officer had reasonable suspicion to request a preliminary breath test because Lorsung admitted drinking three beers and had backed into a pedestrian in a bar parking lot shortly after closing. The absence of physical impairment signs, a satisfactory initial HGN test, the officers’ statements, and other circumstances diminished but did not conclusively dispel that suspicion. The court also held that the PBT request was reasonably related to the original accident investigation and therefore was not an unlawful expansion of the stop.