Legal Question in Criminal Law in Michigan
drunk driving question
My son was arrested for drunk driving but the officers never saw him driving they only know that the vehicle moved from one spot to another. Should this be proceeding to trial?
3 Answers from Attorneys
Re: drunk driving question
For information about aggressively fighting drunk driving charges, go to:
www.MichiganOUIDefense.com
Re: drunk driving question
His lawyer should know the answer.
Re: drunk driving question
The MI statute requires several elements that the Prosecutor must prove beyond a reasonable doubt. One is that he was driving. There are alot of factors to consider in your son's situation. For example, did he admit he was driving? Was he under arrest at the time of questioning? was he properly read his miranda rights? There are many cases that fit this particular situation and often must be raised by a motion to suppress and/or dismiss. A good attorney will gather all the facts and preserve the evidence, such as, police in-car audio/video recordings. Thereafter, file and raise the appropriate motion(s) and demand for an evidentiary hearing(s) to weaken the Prosecutor's case. Daniel Hajji 248.865.4700
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