Legal Question in DUI Law in Missouri

Probable Cause DWI

A vehicle accident occurred involving only myself. I was charged on probable cause with DWI and Failure To Drive Right Half Resulting In Accident. A chemical analysis or sobriety test were not administered, nor any admission of guilt. The car was not running, but was still inside when officers arrived at the scene. Is a probable cause DWI arrest that was not a result of being stopped by an officer, easily debated and generally dismissed by the courts? I surrendered my license and plan to request an administrative hearing with the DOR. I also plan to file charges against the arresting agency for refusal of my rights and their prejudice and demeaning conduct. Can the surveillance cameras be used against them as evidence in a court of law?


Asked on 10/19/07, 2:42 am

1 Answer from Attorneys
Anthony Smith LawSmith

Re: Probable Cause DWI

You have asked a lot of questions. I will try to give a general answer to a few. If no one saw you driving, then you may be able to defend yourself against the DWI charge. If no chemical, blood, or field sobriety tests were run, then that bolsters yoru position that you were not DWI.

I am unaware of any successful suits agaisnt peace officers for a bad demeanor. Yu may initiate such a suit, but it will likely get dismissed quickly. If there is video testimony, it is available for either party to use in court. However, if it is damning to the officers, and it is in teh custody of the police department, they may make it dificult to obtain.

You need to consult directly with an attorney, and give them the specific facts of you case. Do not rely to your detriment on general answers to the general questions you have asked here.

Good Luck

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Answered on 10/19/07, 10:42 am


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