Indiana Drunk Driving Case Goes to Trial
In Clifton Ervin vs. State of Indiana, Jeff Sedberry, a Carmel police officer witnessed a car driven by Clifton Ervin weaving across the center line and called the vehicle in to Fisher’s police department and intended to continue to follow the car until on-duty officers arrived. Sedberry’s plan was interrupted when Ervin abruptly pulled off the road and began walking toward Sedberry’s vehicle. Fearing for the safety of his wife and children who were in the car, Sedberry drew his gun and identified himself as a police officer to Ervin. He then instructed Ervin to get back in his car and await the arrival of other officers.
Ervin filed a motion to dismiss his drunk driving conviction claiming he was seized illegally since Sedberry was not in uniform not was he driving a marked police car, and wanted to suppress evidence of his reported erratic driving witnessed by Sedberry. The court, however, denied Ervin’s motion and ruled that his case will go to trial as planned. The motion was denied since Sedberry did not attempt to arrest Ervin, but merely identified himself and gave instructions to ensure the safety of his family and other bystanders.