Plaintiff is a Special Agent with ATF and was stopped at night on I-55 while he was headed home from work. MSHP Trooper D.W. Crank pulled the Plaintiff over for erratic driving and said he "reeked of alcohol". In the patrol car Crank insisted on Plaintiff (whom he knew and had worked with before) reciting the alphabet "B to O". Plaintiff asked for the Portable Breath Test (PBT) and was denied. Plaintiff was arrested and taken to the New Madrid County Jail where he registered 0.00% on the Breathalyzer machine. Word of his arrest spread like wildfire throughout the law enforcement communities in Southeast Missouri. Charges were never filed and no tickets were issued. Plaintiff filed suit and MSHP has refused to work with Plaintiff since the date of the arrest on March 6, 2012. ATF has told Plaintiff "for safety reasons" he must be relocated out of Missouri.
Past results do not guarantee or predict a similar outcome in any future case. Each case is different and must be judged on its own facts.
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