Section 6.40 Fourth Amendment and Administrative Proceedings

• Library: DWI 2014

A constitutionally infirm traffic stop, in which evidence is suppressed in the criminal proceeding, has no effect on whether a license should be revoked because a motorist refuses to give a breath sample after an arrest for DWI. Brewer v. Dir. of Revenue, 386 S.W.3d 831 (Mo. App. S.D. 2012). In Brewer,a ranger with the National Park Service, responding to a reported wildfire, encountered the defendant operating his motor vehicle straddling the center line of the road. Id. After observing the driver commit other lane violations, the ranger contacted the sheriff’s department and requested a deputy to the scene. At that time, the driver pulled off of the road, and the ranger activated his...