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Defendant took breath test which resulted in .16 BAC reading. Our St Louis DWI defense was based primarily on lack of probable cause and technical mistakes made the the police officer. Despite the high BAC level the defendant did not act in a way to give rise to reasonable suspicion.

Thus if the stop is illegal and the cop just got luck and the driver happened to be intoxicated, that does not pass constitutional muster and the case must be dismissed as all evidence is fruit of the poisonous tree.

REC – DOPC – Berkley dwi dismissed.pdf

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