Prior to a 2010 US Supreme Court ruling (view case), some courts argued that passengers were not seized and that they could "walk away" from a traffic stop because they were not under arrest. In this case, Kirby was riding in a vehicle that allegedly ran a stop sign and had no license tags on November 8, 2005. Kirby's girlfriend, Danielle Ingram, had been driving the car and was arrested because she had what appeared to be methamphetamine in her purse. Police performed field sobriety tests and a breathalyzer test on Kirby, even though he was not driving. He was found to have a blood alcohol content of 0.04 -- under the legal limit. His mother was called to the scene so that she could take Kirby home.