A judge denied two pretrial motions this week in Penn State football player Tony Johnson's driving under the influence case. Unless Johnson's attorneys file additional motions, the case will go to trial.

Johnson's attorneys filed two motions to suppress and one motion to "quash" the case several weeks ago.

The first motion to suppress filed by the defense states that the officer who pulled Johnson over did not have reasonable suspicion that Johnson was involved in criminal activity when he was pulled over. It said the officer did not have probable cause to believe Johnson committed a traffic violation.

At a hearing for the motion last Tuesday, Penn State University Police Officer Brian Rose said during his testimony that at about 3 a.m. on Oct. 17, he observed Johnson traveling at about 30 mph on Bigler Road, which has a speed limit of 15 mph.

Rose testified that he was unable to pace Johnson's vehicle for three tenths of a mile, as the state requires for an officer to prove that a speeding violation has occurred. However, Rose said he saw the driver's side wheels of Johnson's black Mercedes-Benz SUV cross over the double yellow line two times.

At the hearing, Johnson's attorney, Anthony De Boef, said Rose's inability to pace Johnson for the required three tenths of a mile made stopping him unreasonable.

In his written opinion, Judge Thomas Kistler explained why he did not agree with the defense's assertion that the traffic stop was unjustified.

"Based on the totality of the circumstances, Officer Rose possessed the requisite suspicion to approach the defendant and investigate regardless of whether a vehicle code violation could be proven beyond a reasonable doubt at trial," Kistler said in the opinion.

Kistler also wrote an opinion on a second motion to suppress filed by the defense. This motion argues that Johnson was not fully advised of his Miranda rights; he did not knowingly waive his Miranda rights, and he was interrogated before he waived those rights. Through this motion, the defense was seeking to suppress statements Johnson made to the police.

In his written opinion, Kistler refused to suppress statements made by Johnson before he was put in handcuffs, but he agreed to suppress statements Johnson made while handcuffed and before he was read his Miranda rights.

The motion to suppress based on Miranda rights was withdrawn by the defense at last week's hearing. Kistler said he did not know whether it was withdrawn, and said if it was, his opinion on the motion would become void.

Kistler also denied a defense motion to "quash" the case. The defense argued Johnson had been charged under a general penal statute instead of a specific statute. In his written opinion, Kistler said the commonwealth was permitted by law to file the general charge.