THE MICHIGAN DUI PROCESS, part 1
The next two posts will cover an overview of a typical Michigan DUI case.
Getting Pulled Over, The Traffic Stop
An officer may pull over a vehicle if he or she has reason to believe that an individual is engaging in, or has engaged in, criminal activity. Reasonable suspicion is a very low standard established by the Supreme Court in a 1968 case in which it ruled that police officers should be allowed to stop and briefly detain a person based upon the officer's training and experience.
Reasonable suspicion may arise from even the simplest of violations, such as: failure to signal, rolling stops, speeding, swerving, a light out, etc...
As an attorney in Michigan, the reason for the traffic stop is very important to me. I want to hear client’s recollections, see the police in-car video, and all police reports. Drunk Driving cases are specialized with detailed nuances. There are limitless legal and scientific nuances involved in analyzing a traffic stop, the administration of field sobriety tests, the breath (or blood) test, and the results that follow. Not to mention all the other things that come together to make up a Michigan Drunk Driving case.
Here is a brief description of the stages involved in a Michigan DUI Case:
An arrest may occur if an officer has probable cause. The Supreme Court has ruled that probable cause to make an arrest exists when an officer has knowledge of such facts as would lead a reasonable person to believe that a particular individual is committing, has committed or is about to commit a criminal act. The officer must be able to articulate the facts and circumstances forming the basis for probable cause.
If you have been arrested and charged with a Drunk Driving violation in Michigan, you likely blew 0.08 or higher on the data master at the police station. At this point, it is of little value to re-hash what has already happened.
The next post will discuss what happens after the arrest.
If you have questions regarding an alcohol or drug related driving offense, call me, Attorney Steven Storrs, at 269-945-2242 or click here to contact me to set up an appointment to discuss your options.
*This blog is intended for informational purposes only and does not constitute legal advice. Please consult an attorney before making important decisions regarding your individual situation.