Erin Henderson is now suing the state of Minnesota
According to a statement from the Eden Prairie police department, Henderson was arrested at 3:19 a.m. on Nov. 19 at the Frederick-Miller Spring in Eden Prairie. He was booked into the Eden Prairie police station, then released, and has yet to be charged with a crime. He called the arrest a “strange situation” but would not elaborate.
Henderson filed a petition in Hennepin County District Court on Tuesday, challenging the state’s implied consent statute and requesting to keep his license. That move, attorney David Valentini said, is standard for all of his clients facing DWI charges; without it, the incident can stay on a defendant’s record, even if he or she is acquitted of charges, and can lead to aggravated charges in any future drunken-driving incidents.
According to Henderson’s petition, the arresting officer did not have “articulable grounds to make an investigatory stop” because Henderson was not speeding or driving erratically and did not fail a field sobriety test after he was pulled over. The petition also claims the officer told Henderson that refusal to submit to a breath test was a crime, effectively coercing him into the test and violating his constitutional rights.
This could get ugly for the Eden Prairie police department, what do you think?