She said the officer testified at a hearing on the motion that he spotted the eastbound Santa Fe in an area where the speed limit goes from 75 to 65 mph and the driver was well within the limit.

The officer took the 27th Street exit, then immediately got back on I-80 driving over 90 mph to catch up to the SUV, according to his in-car video, Maret wrote.

The Santa Fe still was going the speed limit in the center lane and became boxed-in. When a car cut in front of the SUV, the officer stopped Phillip Plummer for following too closely. But Maret said the video showed he had begun to create a gap, "and if given more than 14 seconds would have probably done so had the officer not pulled him over."

"The driver was not following," she wrote, "but was rather moved over on, and for that reason the officer did not have probable cause to stop the vehicle."

Maret said the driver, by all accounts, maintained his lane of travel and followed the rules of the road. To follow too closely, the driver must intend to do so, Maret said.

Without the evidence, the cases will probably be dismissed.

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