Arrested for DUI - "Swerved into bike lane"

[BadNewsBeers]

State of Michigan:

While turning out of a driveway and onto a main street going eastbound and cop immediately did a U Turn and followed me for nearly a half a mile until pulling me over. He did a U-Turn at the side street that I turning off of and was less than a block away on the main road - less than 500 ft. The video begins with the cop doing the U-turn. Video evidence does not show my vehicle crossing into the bike lane, although the cop claims to have seen me swerve into the bike lane while he was traveling West bound. I had just turned off the side street onto the main street when the cop started to do the U-Turn and video does not show any indication of me going into the bike lane. Is there a chance a lawyer can get a motion to suspend evidence and dismiss the case?

 

[justalayman]

I'm guessing FST or PBT tests showed you to be impaired or intoxicated and you were subsequently ticketed.




The camera shows what happened after it was turned on. It obviously does not show what happened before it was turned on. If the cop saw you driving erratically prior to the camera being turned on, it can't show that. If you were driving with absolutely no issues from the point the camera was turned on, it may allow a challenge to the cops claim he saw you swerve. You really need a lawyer for this though.

 

[BadNewsBeers]

I'm guessing FST or PBT tests showed you to be impaired or intoxicated and you were subsequently ticketed.




The camera shows what happened after it was turned on. It obviously does not show what happened before it was turned on. If the cop saw you driving erratically prior to the camera being turned on, it can't show that. If you were driving with absolutely no issues from the point the camera was turned on, it may allow a challenge to the cops claim he saw you swerve. You really need a lawyer for this though.

You are correct that the FST and PBT showed that I was intoxicated. The video shows that I was traveling within my lane for 1 minute and 10 seconds before lighting me to pull over. I hadn't even been on the main road for 10 seconds. He also swerved and drove inside the bike lane and then on the left lane/turning lane prior to turning on his lights to pull me over. I believe he was trying to cause me to swerve outside of the lane due to his driving.

 

[justalayman]

All you can do is have an attorney review the situation and give you the odds of getting the stop invalidated. That is generally hard to do.

 

[HighwayMan]

Mobile video doesn't show everything. I can't see you getting very far with your argument.

 

[justalayman]

Mobile video doesn't show everything. I can't see you getting very far with your argument.

Nobody said it did but what would show is whether the driver, other than the claimed swerve into the bike lane, was that OP was driving perfeectly fine.. If OP drove straight as an arrow on video, the OP argues he did not enter the bike lane, and there is nothing else to give RS for the stop, (and I agree it is a long shot) it may be arguable the cop was a bit creative in his claims to be able to justify the stop.

 

[BadNewsBeers]

Mobile video doesn't show everything. I can't see you getting very far with your argument.

Update on my case.... My attorney filed a motion to suppress evidence based on an illegal stop. The judge reviewed the video and with debate said it was very clear that I drove very well for how intoxicated I was. The motion was grated on the 18th. How long do I have to wait for the case to be dropped and/or found out if the prosecuting attorney is appealing the decision?

Thanks!

 

[Isis1]

Update on my case.... My attorney filed a motion to suppress evidence based on an illegal stop. The judge reviewed the video and with debate said it was very clear that I drove very well for how intoxicated I was. The motion was grated on the 18th. How long do I have to wait for the case to be dropped and/or found out if the prosecuting attorney is appealing the decision?


Thanks!

am i the only looking at this and going.....

 

[OHRoadwarrior]

Your story and a dollar will get you a cup of coffee. Police officers don't have Drunkdar. Something about your driving caused him to turn around and pull you over.

 

[witzeroni]

I don't think that it's a long shot at all. If they have you for a minute driving perfectly fine, then it could be argued that the cop is incorrect. Shouldn't have blown if you knew you were close - you are only making MADD happy now and the cops who have the pressure to make these arrests.

 

[quincy]

I don't think that it's a long shot at all. If they have you for a minute driving perfectly fine, then it could be argued that the cop is incorrect. Shouldn't have blown if you knew you were close - you are only making MADD happy now and the cops who have the pressure to make these arrests.

witzeroni, licensed drivers in Michigan give an implied consent to be tested when stopped by the police. If you refuse to be breathalyzed when stopped, your driver's license is affected and you will be taken in to be tested.

 

[Eekamouse]

How long is it going to be before wizeroni comes back here with his tale of woe of how he drove drunk and killed somebody and it's all MADD's fault for profiting off of his disease and the cops fault for needing their quota at his expense even though the person he killed was only just a little bit dead.

 

[witzeroni]

How long is it going to be before wizeroni comes back here with his tale of woe of how he drove drunk and killed somebody and it's all MADD's fault for profiting off of his disease and the cops fault for needing their quota at his expense even though the person he killed was only just a little bit dead.

Wow, way to go off the deep end. I wasn't even in an accident in either of my dui cases. Why not have an organization that goes after Rapists and make them pay thru the nose to make an organization rich?? Why isn't there one?? I know you like the fact the MADD is a multi-million dollar business and want them to get more money, but not everybody is duped. It's like the ACLU, Southern Poverty Law Center, Anti-Defamation League, and the Rainbow Coalition. Big extortion businesses disguised as charity groups. Once it becomes all about the money and power, it has become corrupt.

 

[Ohiogal]

Wow, way to go off the deep end. I wasn't even in an accident in either of my dui cases. Why not have an organization that goes after Rapists and make them pay thru the nose to make an organization rich?? Why isn't there one?? I know you like the fact the MADD is a multi-million dollar business and want them to get more money, but not everybody is duped. It's like the ACLU, Southern Poverty Law Center, Anti-Defamation League, and the Rainbow Coalition. Big extortion businesses disguised as charity groups. Once it becomes all about the money and power, it has become corrupt.

Makes sense. You are a drunk and don't like the fact that you have had consequences for being such.

 

[Eekamouse]

Wow, way to go off the deep end. I wasn't even in an accident in either of my dui cases. Why not have an organization that goes after Rapists and make them pay thru the nose to make an organization rich?? Why isn't there one?? I know you like the fact the MADD is a multi-million dollar business and want them to get more money, but not everybody is duped. It's like the ACLU, Southern Poverty Law Center, Anti-Defamation League, and the Rainbow Coalition. Big extortion businesses disguised as charity groups. Once it becomes all about the money and power, it has become corrupt.

Well, there's always next time, right? I hope your fines were horrendously large and it really put a hurting on you financially. You would have just bought more booze with that money anyway.