A couple who attended a wedding in Anna Maria were stopped in Holmes Beach on their way to a hotel.
Holmes Beach police arrested Colt Hankamer, 25, of Daytona Beach, for driving under the influence and refusing to submit to a DUI test.
Officer Alan Bores pulled over the black Ford pickup at 12:26 a.m. Sept. 17 in the 3300 block of Gulf Drive after he observed the vehicle cross the double-yellow center lines and swerve into the bicycle lane, according to a police report.
Granting a defense motion Jan. 11, 12th Circuit Judge Robert A. Farrance excluded evidence from a traffic stop and ruled a Holmes Beach police officer lacked a “reasonable suspicion” for the stop.
Although the vehicle touched the lines, the judge ruled it did not rise to a level of failing to maintain a lane that would have given the officer probable cause for the stop.
Hankamer handed the officer his and the female passenger’s driver licenses. He told Bores he was giving him the passenger’s license because it was her car, but the passenger refuted Hankamer’s statement.
Bores asked for proof of insurance, which Hankamer allegedly could not provide, and the vehicle registration, which the officer noted was in Hankamer’s mother’s name.
The officer took Hankamer into custody after an allegedly poor performance on the field-sobriety test and he refused to submit to blood-alcohol breath tests.
Hankamer was transported to the Manatee County jail, where he was released after posting a $1,000 bond.
His attorney filed a not-guilty plea Sept. 26 to the DUI-related charges.
Hankamer also was ticketed for failing to drive in a single lane and provide proof of insurance.
The state dropped the DUI charge Feb. 23. According to a prosecution’s memo, it could not prove its case beyonda reasonable doubt without evidence from the stop.
The prosecutor previously had withdrawn the refusal-to-submit charge upon learning Hankamer’s prior record in Texas had been negated, according to a Jan. 2 state memo.