United States v. Paul Charleston Gregory

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a similar one-time entry into the emergency lane failed to constitute a violation of a Utah statute nearly identical to Tennessee Code Section 55-8-123
• holding that, on a winding mountainous road, a single instance of crossing right lane line is not a violation of -3- Utah statute that requires vehicles to be operated “as nearly as practical entirely within a single lane . . . .” (quoting Utah Code Ann. § 41-6-61(1))
• acknowledging that acts such as issuing Miranda warnings, telling the defendant he is free to leave, and advising the defendant that he may refuse consent “may satisfy the requirement of intervening circumstances” (internal quotation marks and citation omitted)
• acknowledging that acts such as issuing Miranda warnings, telling the defendant he is free to leave, and advising the defendant that he may refuse consent “may satisfy the requirement of intervening circumstances” (internal quotation marks and citation omitted)
• considering only one “isolated incident of a vehicle crossing into the emergency lane of a roadway”
• “[D]riving while fatigued is not criminal activity and only if a driver is extremely fatigued can the condition constitute a danger to public safety.”

Source: CourtListener parenthetical corpus (CC0).