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Clovis man with 10 DWIs files motion to get case thrown out

CLOVIS, N.M. (KRQE) - A New Mexico man arrested for ten DWIs is trying some legal maneuvering to get one of his latest cases thrown out -- a man whose arrest was captured on lapel video.

"What took you so long to stop your vehicle? It took you about eight blocks to stop your vehicle," an officer asked Randall Pruitt during his ninth DWI on Oct. 21, 2017.

Officers say he was driving in the wrong direction and speeding.

"When you pulled out of Yucca, you pulled all the way into the opposing lane, ok? You were on the wrong side of the street," the officer said.

In recently filed motions, Pruitt's attorneys say Pruitt denies every allegation in the criminal complaint. They claim there was no valid reason to pull him over, therefore, they claim his fourth amendment rights were violated.

"Immediately the odor of intoxicating liquors are coming off of his person," the officer said to another cop on scene.

Pruitt's attorneys also want the video of his arrest thrown out because of what the 54-year-old told police at the stop.

"I didn't want to drive tonight," Pruitt said to officers.

When they questioned why he drove, he replied, "stupid."

His attorneys claim those statements were obtained illegally. They also claim Pruitt didn't agree to the breathalyzer test. When officers asked Pruitt for a breathalyzer, he replied, "I'd really rather not."

Mothers Against Drink Driving media spokesperson Brett Parnell said, "He knows he's being stupid. He was driving the wrong way and could have absolutely killed somebody. The question now is, do we put this guy behind bars before he kills somebody or after?"

KRQE News 13 reached out to Pruitt's attorneys and the Clovis Police Department Friday but did not hear back. The MVD was able to confirm that Pruitt still has an active driver's license. It will ultimately be up to a judge to decide if the charges will stand.

Randall Pruitt was arrested for his tenth DWI on Dec. 31. In that case, he was accused of crashing into a car before leaving the scene. He was found at his home a short time later.

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