Immediately prior to midnight, December 10, 2011 a Vermont state trooper observed a truck, being operated by the defendant Todd Dunham, traveling on a Vermont State highway. As the defendant neared an intersection, and approximately 100 feet from where the officer was parked, the truck “spun its tires and appeared to accelerate rapidly.” The officer was not able to use his radar, but he visually estimated the speed of the truck to be 45 miles per hour in a 30 mile per hour posted speed zone. The officer did not observe the truck to be speeding as it approached the intersection.

Having determined that the truck was speeding, the officer followed the defendant and initiated a traffic stop. After a roadside investigation, the defendant was cited for DUI/drunk driving.