- Associated Press - Tuesday, February 3, 2015

RALEIGH, N.C. (AP) - A North Carolina appeals court says evidence tossed out of court in a drunken driving case can still be used to revoke a driver’s license.

The state Court of Appeals ruled Tuesday there no barrier to using evidence that authorities collected using an unreasonable search or seizure in civil proceedings like a license revocation hearing.

The court says Mount Airy police violated Myra Lynne Combs’s rights by stopping her car without reasonable suspicion in 2013. Combs smelled of alcohol, had bloodshot eyes, and failed a field sobriety test. But the officer never saw her vehicle weaving and lacked a reason to stop it, so the court tossed out a charge of driving while impaired.

The court ruled existing case law still allowed the officer’s evidence to support revoking her license.

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