Probable Cause
I was recently pulled over and charged with drunk driving. The officer claims he pulled me over because someone phoned in a call from a gas station next to a bar, saying that a red Cavalier left a parking lot probably drunk driving because they hit a snow bank and left down the street. I have a red Alero, and after watching the police tape of the police stop, it can distinctly be seen that I was pulled over within less than 30 secs of them spotting my car. The only reason he has for pulling me over is the phone call from a gas station attendent. Is that probable cause for pulling me over or should the case be dismissed? Do you know the state statute law for Michigan that says they need probable cause to pull me over? Thank you.
1 Answer from Attorneys
Re: Probable Cause
Less than 30 seconds! Wow! You must have been really alert. Most drivers pull over in less than six seconds. Maybe the snow bank obscured your vision. You're lucky you also didn't get cited for fleeing and eluding.
The officer only needed a reasonable suspicion that the vehicle was being driven by an intoxicated person. The suspicion arose from the telephone call. You flunked the road tests. Right?
You need a lawyer.
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