Interviewer: What are some of the things that you’re going to look at in a situation where you get a call from, say, someone from Town and Country? If they’ve been arrested for DUI there, what’s one of the first strategies that you’re going to utilize?
Kevin Roach: First thing I’ll look at is, was there probable cause to pull this person over? A lot of times, that’s really tough. The cops know that. They know that it’s their opinion as to whether or not someone was driving recklessly or something. Speeding is more cut-and-dry; they can look at it on the radar. But whether someone’s weaving or following too closely or something – there’s no video of that. You don’t typically have any proof that you are weaving so it’s really hard to prove. That’s one of the first things I look at: whether there’s probable cause.
A lot of times, shortly after you’re pulled over, the damage is done. A lot of times, even though they may or may not have had probable cause to pull you over to begin with, someone might have alcohol in the car. They might just tell the officer, “Yeah, I had a few beers.” They admit to drinking and then you further damage it by submitting to a field sobriety test and blowing into the Breathalyzer.
At that point, the probable cause argument is a losing argument. How do you really prove if someone wasn’t weaving? It’s the officer’s word against your word. You admitted to drinking and you blew over the legal limit. Who’s going to believe someone that was driving drunk?
There are a number of ways to attack these cases but certain municipalities definitely are better at making their cases hold off than others. Town and Country is one of them. Their officers write a lot of DWIs. Maryland Heights writes a lot of DWIs as well and so do the other top municipal courts for DWIs.
Their officers are very well trained. Most of them know how to administer the field sobriety tests. They know how to establish probable cause. Most of the time, they get people to submit to the breath test, too, unless somebody’s been advised otherwise.
You Should Always Refuse the Breathalyzer….If You Have Been Drinking
Normally, most people go ahead and blow. They encourage you to blow into the Breathalyzer for a reason. They know that it just locks their case up against you. It gives them the breath evidence and you’re more likely to lose your driver’s license case well if you blow into the Breathalyzer.
They’re definitely good at what they do so if you’re driving late at night and if you have any alcohol, you don’t want to be near Town and Country or Maryland Heights. That’s for sure.
Interviewer: I’d like to see a statistic or the numbers on how many police officers have been arrested for DUI and lost their licenses.
Kevin Roach: There was a Town and Country police officer that was recently in the news. He’d been in Town and Country for around 10 years and recently had his 1,000th DWI arrest. He’s on a personal crusade to get as many DWI arrests as he can. That just goes to show you if you break it down, they’re saying he easily averages one or two DWIs every time he works. It makes you wonder how they’re getting all these DWI arrests. I don’t know.
Kevin J. roach is a St. Louis DWI defense attorney who has defended thousands of DWI and DUI cases in the St. Louis Metro area. Call us today at (636) 519-0085 or (866) 519-0085 for your Free Consultation!