Vikings' Erin Henderson suing state over 3 a.m. DWI arrest
:::: UPDATE :::: KARE reports that Henderson was also arrested for possessing a controlled substance:
#Vikings LB Erin Henderson was arrested for DWI and possession of a controlled substance according to EP Police.
-- KARE 11 (@kare11) November 27, 2013
At 3:19 a.m. on November 19, Vikings linebacker Erin Henderson was pulled over in Eden Prairie and arrested on suspicion of DWI. His blood alcohol level was 0.11.
According to a Pioneer Press report,
there's no record of Henderson being booked into jail (UPDATE -- The mugshot at top of this post has since been released), and he hasn't been charged with a crime. Nonetheless, his driver's license was revoked yesterday, and now, he's suing the Minnesota Department of Public Safety to get it back.
Henderson alleges officers violated his constitutional rights by arresting him for no good reason. The PiPress explains:
The second-year starter contends police did not have "articulable grounds to make an investigatory stop" and did not have "reasonable and probable cause" to believe he had violated Minnesota's implied consent laws.
Henderson retained defense attorney David Valentini to represent him in Hennepin County. The Viking claims in his petition he was driving under the posted speed limit, was not driving erratically and did not fail field sobriety tests conducted after he was pulled over.
Henderson claims Eden Prairie police officer Bryan Dean told him refusal to submit to breath or blood testing was a crime, "rendering the threat unconstitionally erroneous and coercive," according to his petition.
The state's "implied consent" law states cops may order a sobriety test "when an officer has probable cause to believe the person was driving, operating, or in physical control of a motor vehicle," if there's probable cause to believe the driver was intoxicated when pulled over.
But even if his lawsuit is successful, the damage may have already been done to Henderson's career. In the days following the arrest last week, he missed practice for "personal reasons" and didn't play during last Sunday's game against Green Bay. Unheralded second-year player Audie Cole got the start at middle linebacker instead, and following an impressive performance (13 tackles and a sack), coach Leslie Frazier suggested he'll be the starter going forward.
News of Henderson's arrest means three Vikings have been arrested this month alone. (Jerome Simpson and the since-released A.J. Jefferson were the other two.) That stat doesn't exactly get the purple pride flowing through your veins, does it?
Correction -- A previous version of the article misrepresented Minnesota's "implied consent" law. We regret the error.
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