People v. Dittmar

Court erred in holding that officer's seizure of Defendant was not a legitimate community-caretaking exercise, and thus erred in granting motion to quash and suppress. It was a reasonable public-safety enbdeavor for officer to check on Defendant's stopped vehicle, which came to a stop while officer observed it, and officer had reason to believe the occupants might need assistance, given hazards posed by passing traffic. Statutory grounds for rescission of statutory summary suspension (SSS) is that officer lacked reasonable basis to believe that person was in actual physical control of vehicle upon highway while under the influence; and this is separate from the constitutional ground for rescission based on propriety of initial traffic stop. (BOWMAN and SCHOSTOK, concurring.)