A recent Missouri Court of Appeals, Western District decision continues to give law enforcement a low burden to show probable cause to pull a DWI suspect over.
The case is Brian Charles Srader v. the Department of Revenue. Srader was arrested for driving while intoxicated on February 15, 2015. A breath test was performed on Srader at the police station. The test showed that he had a blood alcohol content of .122 percent. The Director of Revenue then suspended his driving privileges. Srader then petitioned the circuit court for a trial de novo with the sole witness being the arresting officer. After the trial, the court entered its judgment to set aside the suspension of Srader’s driving privileges. The judge had found that the Director’s evidence was credible and that Srader had a BAC level over the legal limit of .08 percent. Despite the strong evidence for intoxication, the … Read the rest