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RIGHTS VIOLATED: Retrial For Convicted Drunk Driver

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The Iowa Supreme Court has ruled a convicted drunk driver will get a re-trial because the Johnston police violated his constitutional rights.

It all started when Tommy Tyler was stopped in 2010 for having an obstructed license plate.  During the investigation a breath test showed he had a blood alcohol level of nearly twice the legal limit and was arrested for drunk driving.

He appealed, and now prosecutors may not be able to prove their case.  The breath test and other evidence can't be used because the Iowa Supreme Court determined Tyler's license plate was not obstructed, so there was no reason to pull him over.

Tyler insists the traffic stop had more to do with his race than his plates. "I tell you the racial profiling thing, gotta stop. Black man, white man , black man, white Escalade.  c'mon." Tyler says, "If they just stop and think and...back off of that.  I mean they use anything just to stop you just to go farther and it's not a good thing."

Johnston’s police chief says he cannot comment on the ruling, but an internal investigation showed there was no racial profiling.  The case now goes to the Polk County Court where the charges could be dropped because of a lack of evidence.