ILLEGAL TRAFFIC STOP IN SHELBY TOWNSHIP, MICHIGAN? DRUNK DRIVING ATTORNEY QUESTION.

Home » Legal Questions » ILLEGAL TRAFFIC STOP IN SHELBY TOWNSHIP, MICHIGAN? DRUNK DRIVING ATTORNEY QUESTION.

I have a question for one of your Michigan attorneys for a drunk driving case in Shelby Township, Michigan. A few weeks ago, a friend of mine was arrested for drunk driving in Shelby Township. Although he was drunk, the Shelby Township cops had no reason to pull him over. He was not speeding, he used his turn signals, and he stopped at all stop signs. Is it still legal for police to pull him over even if he did nothing wrong? Once Shelby Township police did pull him over, he blew in the PBT breathalyzer but they point is they had no reason to pull him over to begin with. What can be done? Is an illegal stop a basis to have his case thrown out completely? Can one of your Michigan criminal defense drunk driving lawyers help?

Comments

  1. Noley on March 9, 2010 at 12:23 am said:

    Thanks for all you help CT LAW attorneys fo helong me with my drunk driving in 41-A Court in Shelby Township Michigan! You called me back right away met with me the next day, and hooked me up on my owi case. After it was all said and done my charge was dismissed, you saved me $1000 bucks with the State fines, and I didn’t even get reporting probation from the court for my dui in Shelby Twp, all I did was basically pay a fine and go to some one time alcohol class. I am 100% satisfied with your law firm. Thank you soo much again.

  2. Peter A. Torrice on March 18, 2010 at 11:56 pm said:

    Thank you sir. The drunk driving defense attroneys at Canu Torrice Law are happy that you are satsified with our efforts.

    However, for the readers of this blog, I just noticed that I actually never answered your question.

    Without writing an entire brief in this blog post on 4th Amendment Search and Seizure law, the short answer is no, police cannot pull someone over for no reeason at all, or based on a mere suspicion or hunch something is up. Generally, a polic officer must have a reasonable, articulable suspicion that criminal activity is afoot or at least that a civil infraction (speeding, etc.) was committed before engaging in an investigatory stop of a motor vehicle. Otherwise, all the evidence obtained as a result of the illegal stop may be supressed as “fruit of the poisonous tree.”

    Like I said, this is an extremely brief summary of the law regarding warrentless stops of automobiles by police, but it fairly addresses the limited facts you have presented. Whether you were illegally stopped and arrested by Sheby Township Michigan police for drunk driving / DUI / OWI is a question that can only be answered after all the evidence is obtained though discovery, subpoena or FOIA requests from the prosector and the Shelby Township police department. If there is on car video of the actually alleged traffic violations or other reasons for the stop that evidence could prove to be the most valuable, but unless you hire an attorney immediately who knows how to get at this evidence before it is lost or destroyed, you may have a very difficult time defending your case based on the premise of an illegal or uncnstitutional investigatory traffic stop.

    Contact the attorneys at Canu Torrice Law today for a free consultation if you have been arrested for drunk driving / OWI / DUI in Shelby Township, Utica, or anywhere else in Macomb County Michigan and we will be happy to defend your case. We are in the Shelby Township 41-A Judicial District Court and most other Macomb County courts every week, if not several times per week, and we are quite familiar with the prosecutors throughout the county, including Judge Shephard, Magistate Osear, and the Court staff in Shelby Township. If anyone can help you defend against your drunk driving / OWI / DUI in Shelby Township or anywhere else in Macomb County, we can.

    PETER A. TORRICE
    Canu Torrice Law
    http://www.AllLegalMatters.com
    (586) 285-1700

  3. V Man on March 22, 2010 at 5:59 pm said:

    Shelby cops always stop u for no good reason trust me. Hire these guys and fight it i would if i were you.

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