Winona, MN Criminal Defense Attorney Richmond H. McCluer, Jr. discusses what defenses you can take if arrested for a DWI.
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The first place we always start is with the constitutional issues and that always starts with eth initial traffic stop because the police can’t just randomly pull people over and check to see if they’ve been drinking. They need reasonable grounds to make the traffic stop. And we, the first thing I look at in a DWI case when I pick the case up is carefully examine not just the written reports but the digital media, which is present in most cases now, the squad videos, other recordings to determine was there reasonable grounds for the officer to make the traffic stop. And sometimes the case can end right there. I had a case where the office indicated he was pulled to the side of the road talking, I believe, on the radio with another officer and he saw a vehicle approaching him and the vehicle didn’t have the headlights on. And so he pulled out and pulled the vehicle over. And I got the squad video and here came the care or it was a truck down the road and the headlights were clearly on so that case was dismissed at the initial stage because the officer, in fact, did not have reasonable grounds to initiate a traffic stop.