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<br>DID THE OFFICER(S) HAVE A VALID REASON FOR THE INITIAL STOP?<br>If you have sufficient evidence against the reason for the stop and arrest, you may be able to have your DWI dropped.<br><br>
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ADVERTISING MATERIAL EVALUATE THE CONSTITUTIONALITY OF YOUR STOP AND ARREST SET UP A FREE CONSULTATION TO GET YOUR POLICE REPORT TODAY BEFORE AND DURING YOUR STOP AND ARREST DID THE OFFICER(S) HAVE A VALID REASON FOR THE INITIAL STOP? If you have sufficient evidence against the reason for the stop and arrest, you may be able to have your DWI dropped. ♦ For example, did an officer pull you over for failing to maintain your lane but dashcam footage shows you drove between the lines. Did reasonable cause exist for the officer to request a portable breath test (PBT)? ♦ To request a preliminary breath test, the state must show reasonable suspicion existed at the time of the request. State v. Vievering, 383 N.W.2d 729, 730. If you underwent a Standardized Field Sobriety Test (SFST), did that test meet the standards set forth by the National Highway Traffic Safety Administration (NHTSA)? ♦ For example, did the horizontal gaze nystagmus test (HGN) test take longer than 90 seconds? Did the officer narrative in your police report contain bland or overgeneralized references to things such as “bloodshot and watery eyes” or “emanating odor of alcohol beverage”? ♦ If officers have the same observations in every report, their credibility could be in question. Did you have an adequate opportunity to get in contact with an attorney before submitting to the chemical test at the police station? ♦ Police must allow you a reasonable amount of time to get in contact with an attorney. However, if you say you’re finished, your time will be up. ♦ Police must allow you—if requested—to have privacy to speak with your attorney unless doing so would create a security concern ♦ You may meet with your attorney in person if he or she arrives within a reasonable amount of time THE LEGAL STANDARD TO FIND YOU GUILTY OF DWI The state must prove beyond a reasonable doubt that probable cause existed for the arrest and request for a chemical test. State v. Koppi, 798 N.W.2d 358, 362 (Minn. 2011). - The question comes down to whether there was objective probable cause, not whether an officer subjectively thought there was probable cause. State v. Horner, 617 N.W.2d 789, 798 (Minn. 2000). - Probable cause to arrest for a DWI refers to “’whenever there are facts and circumstances known to the officer which would warrant a prudent man in believing that the individual was driving or was operating’ or was in physical control of a motor vehicle while impaired.” State v. Koppi, 798 N.W.2d 358, 362 (Minn. 2011). - If the majority of probable cause is generated by a single police officer who has a poor reporting history, the state’s case may be too weak to proceed. Let me investigate the background(s) of the arresting officer(s) in your case.
