Understanding Legal Challenge Defenses

Michigan State and Federal Courts Lawyer

CHALLENGING THE REASON FOR THE STOP – Pulled over for no reason

Cops will often perform a traffic stop merely upon suspicion of an intoxicated driver. This practice is unlawful. They will sometimes try and make up another reason for the stop. Sometimes they get away with it. I routinely file motions to suppress an unlawful stop. Judges can usually tell if they are not being truthful and sometimes, a judge will punish them for it. If you don’t challenge them, they will always win. I like to keep them honest

CHALLENGING THE LEGALITY OF THE ARREST – Is there enough evidence to arrest?

As much as they would like to, a police officer cannot arrest anyone for any reason. They have to have enough evidence to satisfy probable cause. The police have to be able to articulate the exact reasons why the evidence shows a fair probability that a crime was committed. When a suspected driver passes the field sobriety tests and does not take a breath test on the street, chances are the officer does not have enough to arrest. If they do anyway, it must be challenged in court.

BREATH TESTING REFUSAL CHALLENGES – How can I keep my license after refusing the test?

If a breath test is refused a driver’s license can be suspended for one year and six points will be added to their record is important to request a hearing within 14 days of the refusal/arrest. A hearing will be scheduled in the driver license appeal division – an administrative agency of the secretary of state. There the officer must testify and establish that the stop was proper, the arrest was proper, the chemical test rights were read and that  was a refusal of the test. This hearing is a good opportunity to force the officer to testify about that facts of the case to prepare for the criminal case.