Challenging Your Stop

Challenging Your Stop

The United States Constitution (U.S. Const. Amend IV) and the Michigan Constitution (Michigan Const., Art. 1 Sec. 11) impose strict legal requirements on the government’s ability to seize and/or stop a citizen. Therefore, being able to show that the police failed to comply with these requirements during your traffic stop could result in the court finding that your rights were violated.

The prosecutor and police must show that the traffic stop was based on probable cause that a civil infraction occurred or reasonable suspicion that a crime has been, or is being, committed.

Most civil infraction-related stops are related to speeding, improper lane use, defective equipment, failure to come to a complete stop, failure to use a turn signal, or expired license plates. A police officer may stop you for any of these reasons, and the stop is still susceptible to legal challenges if it is not supported by an objective review of the facts.

If a police officer alleges you were swerving, it is important to review the officer’s in-car video. This in-car video may show that you were not, in fact, swerving or that you did not commit any form of civil infraction that the officer is claiming you committed. Tanis PLLC attorneys will carefully review this alleged evidence against you. If we find an unlawful stop, we will fight for your rights and aggressively challenge the police officer’s unlawful stop of you and your vehicle.

If a police officer has sufficient legal basis, such as reasonable suspicion or probable cause, to believe a crime has been or is being committed, they may still stop or detain you. If a police officer suspects reckless driving (high-speed or erratic driving), hit and run accident, invalid or expired plates or registration, driving while your license is suspended or revoked, or drunk driving (such suspicion coming from a 9-1-1 call from a bar, restaurant, friend, or other individual), they can stop you.

Even if a police officer claims they had a valid justification to stop you, our OWI/drunk driving attorneys still conduct our own independent review of the police report, any video evidence, the facts of the case, and any additional evidence to determine whether or not there was a valid reason for the stop. If a legal challenge is warranted, our aggressive and experienced criminal defense attorneys will bring the challenge.

If you or a loved one has been charged with a drinking and driving crime, you deserve an experienced, efficient, and aggressive defense attorney. Contact our office today to discuss your legal matter with our criminal defense team. We can be reached at (616) 608-7149 or online via our contact form.