QUESTION
Did the cop have the right to stop me for a low tire then arrest me for DUI?
Asked on May 03rd, 2013 on DUI/DWI - Michigan
More details to this question:
I was pulled over for a low tire. The officer asked if I knew and I said yes I am aware of it. Then he asked if I was drinking and I said yes then he arrested me. I blew .08.
9 ANSWERS
2 Awards
An officer must have a reasonable suspicion to believe that you had committed a Colorado vehicle code violation. The excuse of a "low tire" is very suspicious. You may be able to suppress or disallow the test result or have other viable defenses to the charges. You should consult with a DUI attorney in your area as soon as you can. There are two separate actions for DUI's; one in the criminal courts and one in the DMV. You must request a hearing with the DMV within 7 days of the arrest otherwise; you could forego the ability to have a hearing.
Answered on May 07th, 2013 at 4:52 PM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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That's a good motion to quash the arrest if those are the complete and accurate facts.
Answered on May 07th, 2013 at 4:52 PM
You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license. You've got a good case, don't waste it.
Answered on May 07th, 2013 at 3:24 PM
Geoffrey MacLaren Yaryan
If having low tire pressure is a citable offense, the officer can pull you over and arrest you for a DUI if there is probable cause to believe you have committed an offense.
Answered on May 07th, 2013 at 3:05 PM
It depends...if it was so low that you posed a danger to yourself and/or other driver's, a Judge will likely find that the stop was reasonable under the circumstances as you must operate your vehicle in a safe manner. These types of cases are extremely fact dependent. In any case, if you blew a .08% on a breath test you have a very good case and need to consult an experienced DUI attorney.
Answered on May 07th, 2013 at 2:47 PM
Chapter 7 Bankruptcy Attorney serving Appleton, WI
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Sisson & Kachinsky Law Offices
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Sounds pretty if-fy.
Answered on May 07th, 2013 at 12:25 AM
James Edward Smith
If you admit drinking, then yes.
Answered on May 03rd, 2013 at 2:24 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It appears to be a righteous stop, and when you you admitted that you had been drinking it was all over her it
Answered on May 03rd, 2013 at 2:23 PM
If the court considers a low tire defective equipment, like a broken taillight, then it sounds like the stop is good. If the stop is not good, there is a chance the judge could grant a motion to suppress evidence.
Answered on May 03rd, 2013 at 2:23 PM