SALT LAKE CITY -- The fact that a truck's tire drove on top of the white lines that divide lanes of travel may not be enough evidence to pull over the driver and arrest him.
That is the argument a defense attorney placed before 3rd District Justice Court Judge Shauna Graves-Robertson in Salt Lake County regarding the arrest of former Sen. Sheldon Killpack, R-Syracuse.
Graves-Robertson heard testimony Wednesday in an evidentiary hearing about Killpack's arrest Jan. 15 at 700 East and 3300 South in Salt Lake City.
Killpack, who resigned from the state Senate shortly after his arrest, sat next to his attorney, Ed Brass, during the hearing.
Brass said after the hearing that if the judge rules there was not enough evidence for the Utah Highway Patrol trooper to pull over Killpack, then all other evidence collected after the arrest will be suppressed.
Killpack, 42, is charged with class B misdemeanor driving under the influence of alcohol and a class C misdemeanor failure to signal. He pleaded not guilty to the charges Feb. 2.
Troopers said Killpack failed a standard field sobriety test and then refused to breathe into a portable breath tester. UHP officials obtained an e-warrant that allowed them to take his blood. Killpack was then booked into Salt Lake County Jail.
During Wednesday's hearing, UHP Trooper Raymond Thomson testified that, early in the morning on Jan. 15, he saw a 2010 Toyota Tundra weaving from side to side going south on 3300 South from 1100 East and "it touched the white dotted line."
Thomson said he turned on his video camera after he saw the truck's tires travel on the white lines again.
He said the vehicle continued to go from side to side while traveling south. When it got close to the 700 East and 3300 South intersection, Thomson turned on his lights and the truck pulled over.
Thomson said the video did not accurately show what he saw that evening.
"We rely on what we see," Thomson said.
"But (the video cameras) are designed to preserve evidence," Brass said.
Thomson said he "never saw the vehicle cross over the line" and go into the other lane, but that it "straddled or bumped the line."
Thomson said he had reviewed the video more than 10 times to prepare for the trial.
Another hearing has been scheduled for Sept. 7.
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