What is an Unlawful Police Stop?

Despite popular belief, police officers are not allowed to pull over any person that they feel like on a whim. Legally speaking, if a police looks to pull over a defendant, they must have probable and reasonable cause. For example, camping next to a bar and waiting for someone to pull out is not probable cause that they are under the influence. The following behaviors, however, would be enough for a police officer to lawfully believe that a driver was impaired:

  • Swerving;
  • Erratically changing lanes;
  • Driving down the center of two lanes;
  • Speeding and slowing without reason;
  • Driving without headlights at night;
  • Running red lights / stop signs; and
  • Not yielding to car with the right of way

In some cases, police officers will not wait until they have probably cause to pull a car over. While they might have the best of intentions to catch drunk drivers on the road, this vigilant behavior can sometimes cross a line and cause the innocent to be wrongfully accused.

If you have recently been accused of a DUI, you should not hesitate to get the involvement of an experienced Michigan OWI lawyer as soon as possible. At Freedom and Freedman, we have extensive experience handling DUI / OWI cases and know the tricks of the trade. From looking into the legality of the police stop to dealing with the results of the breath test, you can trust that we will be thorough, creative and dedicated to protecting your legal rights.

We encourage you to contact a Michigan OWI defense attorney from our firm as soon as you can following the arrest. These cases move quickly and require fast action to meet all the deadlines. To ensure that you are being protected to the full extent of the law, it is in your best interests to consult with us immediately.