The Joplin Police arrested Watson, the longtime Newton County prosecuting attorney, 1:15 a.m. Saturday, July 2, at Mile Marker 9 on eastbound I-44. Watson refused to take a breathalyzer test.
“There's two aspects to a DWI, criminal and administrative,” McPherson said. “I don't talk about specifics about a case while it's pending, but I will tell you generally, every case where there is a DWI and a refusal, the burden is on the state to show that there was probable cause to ever request a test. That is an issue that we're addressing, whether there were indicators to establish probable cause to even request a test.”
McPherson said the state will have to prove that the stop was justified in this administrative hearing. If that can't be proven, the state likely has no probable cause for a criminal case, he said.