Should you have been pulled over for a DWI Stop?
Should that Police Officer have pulled you over for a DWI in Missouri? You were driving fine. You felt fine. You just had a couple of beers. Can he really do that?
Note: The Law Offices of Matthew | Russell | Dempsey of Springfield firmly believes the best DWI defense is refraining from driving a vehicle if ANY alcohol has been consumed and to always designate a safe driver.
The Case – We frequently review cases pertaining to DWI Missouri laws to develop the best DWI defense strategies. Here’s an example:
State of Missouri v. <NAME REMOVED FOR PRIVACY> – Decided February 23, 2015.
The Defendant was driving on March 23, 2013 at 2:46 AM. The officer testified that he saw a maroon Ford Crown Victoria driving toward the officer at 13 MPH in a 25 MPH zone. Further, the officer knew the driver of the car from prior stops. The officer testified at trial that he knew the defendant did not have a driver’s license from previous contact with him. The officer stopped the defendant for driving slowly and possessing a driver’s license. During that stop, he obtained evidence that the Defendant was intoxicated.
The defendant argued that the officer did not have an objectively reasonable suspicion that the defendant was engaged in criminal activity. The Court disagreed! The Court stated “when the officer saw the Crown Victoria on Main Street, he recognized that it was Defendant’s vehicle. When the two cars passed, the officer saw the Defendant driving. The officer also knew that, several months earlier the Defendant had his driver’s license revoked. Therefore, the officer had reasonable suspicion to stop Defendant because the officer had specific facts that illegal activity was occurring.”
Do these variables make it ok to stop the Defendant?
- Knowing the defendant
- Knowing the car
- Information that was months old
Actually, those facts added up to a valid stop in this case. Does it add up in yours?
An experienced DUI attorney that understands Missouri alcohol laws will help you with a solid plan:
- Cross-examine key witnesses
- Challenging the credibility of prosecution witnesses
- Discover internal inconsistencies in the evidence
- Argue the nature and quality of evidence
Don’t fall into the same trap. There was more that could have been done in this case to defend the probable cause standard of review.
What makes the Law Offices of Matthew | Russell | Dempsey of Springfield different?
- Our combined 15 years of experience as Greene County prosecutors gives us an inside view for how to help our clients navigate the complexities of a DWI charge. We understand the “system.”
- We are experienced DUI attorneys. We understand how to manage a DWI case. We fight for you in court, but we also help you make good decisions that help reduce the long-term impact of an alcohol or drug related traffic offense.
- We’ve successfully handled thousands of cases and positive outcomes.
- Learn more about us by clicking here.
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