The prerequisite to a valid arrest is a valid stop. If the defense can successfully challenge the stop, the case may be dismissed or the prosecutor may lose critical evidence.
Most drunk driving prosecutions begin when a police officer stops a driver whom the officer sees driving in an erratic manner. A police officer may stop a vehicle on reasonable suspicion that a crime has occurred. This includes a stop based on information gleaned from a computer check of a license plate number, even if no traffic violation is observed and there is no other information to suggest that a crime has been or is being committed. A police officer who stops a vehicle for a separate reason, then observes that the driver is intoxicated, may make an arrest for a misdemeanor committed in his or her presence.
A police officer can make a warrantless arrest for certain misdemeanors even if the offense is not committed in his or her presence if the officer has reasonable cause to believe a misdemeanor punishable by imprisonment for more than 92 days has been committed by the person.
To further discuss your case with me, and your Michigan license options, give me a call at 248-924-9458 and visit my website: www.michiganlawgrad.com
Most drunk driving prosecutions begin when a police officer stops a driver whom the officer sees driving in an erratic manner. A police officer may stop a vehicle on reasonable suspicion that a crime has occurred. This includes a stop based on information gleaned from a computer check of a license plate number, even if no traffic violation is observed and there is no other information to suggest that a crime has been or is being committed. A police officer who stops a vehicle for a separate reason, then observes that the driver is intoxicated, may make an arrest for a misdemeanor committed in his or her presence.
A police officer can make a warrantless arrest for certain misdemeanors even if the offense is not committed in his or her presence if the officer has reasonable cause to believe a misdemeanor punishable by imprisonment for more than 92 days has been committed by the person.
To further discuss your case with me, and your Michigan license options, give me a call at 248-924-9458 and visit my website: www.michiganlawgrad.com
