Defense: Cop could not have smelled booze

Lincoln, Neb. -- Lawyers arguing a Lincoln, Neb., drunken driving case are debating whether a police officer could have smelled alcohol from inside a drive-through window.

Defense attorneys for Cody Schaaf argued in Lancaster County Court Monday that Lincoln Police Officer Kenneth Marrow could not have smelled alcohol on the driver's breath from inside the restaurant, and therefore had no reasonable suspicion to stop Schaaf, The Lincoln Journal Star reported Thursday.

Schaaf's attorney, Mark Rappl, said the defense is not denying that his client had a blood alcohol content above the legal limit, but they are contesting whether Marrow could have made the observations he claimed to have made from seven feet away.

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