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How a DUI Attorney Near Me Fights Illegal DUI Arrests in MI
A Discussion of DUI arrests near me, in the State of Michigan. In Michigan, the first step for an experienced DUI lawyer at our DUI law firm (in reviewing a driving under the influence (DUI) arrest process) is to review and evaluate the propriety of the initial traffic stop and arrest. Did the law enforcement officer have a proper basis for the pullover?
If such an illegal seizure defense is raised by your DUI criminal defense attorney, and then briefed and argued before the Judge at a pre-trial hearing, and then granted, then the DUI charges are entirely dismissed! This highly desirable case outcome could benefit underage drivers, and this can include a felony DUI case for a 3rd time offender who would have otherwise been facing 3rd DUI jail time in a Michigan prison and massive other DUI penalties.
The Fourth Amendment, the Michigan Constitution and Michigan statutes all prohibit the use of police powers (emergency lights, siren) to pull over a citizen unless a traffic violation or other criminal law issue justifies that use of police power. In addition, the Michigan Constitution does not permit suspicionless DUI checkpoints just to try to catch drunk drivers.What Constitutes a Michigan DUI Arrest, whereby a Person Then Has the Right to Legal Counsel?
A Michigan DUI arrest occurs when you are taken into police custody and are unable to leave. Despite what you may have seen on television, you do not have to be placed in handcuffs or physically restrained to be arrested—the officer may simply tell you that you are "under arrest."
During the arrest, the officer must observe and protect your constitutional and other legal rights, beginning with compliance with the 4th Amendment to the United States Constitution. All citizens in the United States are protected against unreasonable searches by police officers. If your statutory and connotational rights are violated, arrest may be ruled to have been unlawful, and all evidence gathered after an illegal pullover is excluded from any criminal prosecution.
If the officer personally sees someone breaking the law, he or she may arrest that person on the spot. For example, if the officer pulls over and administers a breath test on a suspect who was driving erratically, that driver may be arrested if his or her blood alcohol content (the DUI BAC level) is over the legal limit.
Can you get a DUI on your own property? Yes, the Michigan Supreme Court upheld an arrest of a man for a Michigan OWI an Oakland County in 2016, when his vehicle was sitting in his own driveway!
A police officer who has reasonable belief that a suspect has committed a crime may arrest that suspect. This legal principle often is referred to as having "probable cause" to arrest.
Probable cause may be used to justify an arrest if the driver refused to take a breath test. For example, if an officer notices that the young driver is possibly DUI under 21 and has open containers of alcohol on the floorboard and smells alcohol when he or she pulls that suspect over for driving erratically, the officer will have ample probable cause for a DUI arrest even if the suspect refuses to take a chemical test at the roadside.
After my pullover and being booked at jail, if a DUI charge never filed, what happens? Michigan laws and local court administrative rules clash with each other. The Prosecutor does have a time limit for bringing those criminal charges, yet the administrative law court rules expect cases to be closed out within 126 days.
For those who cannot or do not pay the DUI bail amount, and remain in jail, the time limits are much shorter. This could happen in a DUI causing death case in Michigan, since the bond amount required can be very high in vehicular manslaughter cases.
However, for our clients at Barone Defense Firm, almost none are in this predicament since they are financially able to post DUI bail bonds. Those remaining in jail are often represented by the public defender.
Failure to undertake the prosecution of a misdemeanor DUI case within six (6) years from the arrest date generally makes the case no longer subject to prosecution. However, this limit can be "tolled' (extended) if the accused skips out from the Great Lakes State and is not living in Michigan, after arrest.
What if the Officer Obtains a Judicial Arrest Warrant? If a warrant has been issued by a judge for a suspect's arrest, that arrest is presumptively lawful.
To obtain an arrest warrant, a police officer must submit a sworn statement (affidavit) regarding the reason for the DUI arrest to a judge or magistrate in Michigan. This warrant affidavit must identify the individual who is alleged to have committed the crime, and enumerate the crimes committed (e.g., 2nd DUI within 7 years, and the location of that individual.
If you have concerns regarding your Michigan DUI arrest, contact a DUI defense lawyer today. For a free DUI case evaluation and to receive a copy of The Michigan DUI Book (A Citizen's Handbook on Fighting a Michigan DUI Case), please fill out our online form today.Call Today for a FREE Lawyer Consultation and Receive Immediate Legal Help for Your Pending Criminal Case
Contact us 24 hours a day at our law firm’s easy to remember toll-free number, 1-877-ALL-MICH or 877-255-6424, for a free criminal case review. The three Super Lawyers with our outstanding group of Michigan attorneys near me at Barone Defense Firm travel the entire Great Lakes State, to help citizens in legal trouble in Michigan for alleged criminal law violations.
If you have recently been charged with a drunk driving or drugged driving offense after a Michigan DUI arrest, you should contact us for your free consultation with an experienced Michigan DUI defense lawyer. Because your right to drive may be at stake, doing this immediately can possibly save your driving privileges.
A lawyer for DUI near me with Barone Defense Firm will review your pending DUI case to determine if proper arrest protocols were followed. If no probable cause for a DUI arrest exist our legal professionals will fight to have the case dismissed.
To speak with a FREE consultation lawyer, call today to learn how to protect yourself from a possible unwarranted conviction. Being convicted for driving while intoxicated can derail some people’s lives.
What do you have to lose, when the free legal advice with our litigation team’s criminal lawyers near me can answer many tough questions? What other local DUI law firm has three Super lawyer DUI defense attorneys near me, led by Michigan's most prolific DUI law book author?Other Helpful, Related Michigan OWI Links That Some Readers Will Want to Review
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