In Michigan, a person who has been drinking and is currently driving, may make the decision to be safe and pull over to sleep on the side of the road. You could still be arrested and charged with a drunk driving crime, but it doesn't mean the prosecutor will be able to prove their case beyond a reasonable doubt at a trial.
Many times the only proof of driving the police and prosecutor have are statements made by the person arrested, and those statements alone. A motion to suppress statements should be filed, and there is a good chance if those statements are out, the prosecution won't be able to proceed on their case.
Many times the only proof of driving the police and prosecutor have are statements made by the person arrested, and those statements alone. A motion to suppress statements should be filed, and there is a good chance if those statements are out, the prosecution won't be able to proceed on their case.