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Should I fight a DUI charge in Michigan if the officer shouldn't have pulled me over?
Question:
Should I fight a DUI charge in Michigan if the officer shouldn't have pulled me over?
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Get Informed - DUI/DWI Law Information
We've got a large library of DUI and DWI law articles, Q&A's and other resources. Start here to learn about DUI laws, arrests, defense, penalties and more.
DUI Basics
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Your DUI and the DMV
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
DUI Arrests, Police Reports, Arraignments, and Fees
After you're arrested, booked and released, you'll need to get ready for your arraignment.
After you're arrested, booked and released, you'll need to get ready for your arraignment.
DUI/DWI Charges and Penalties
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
Fighting a DUI
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
Getting Help with a DUI/DWI Charge
There are some things you can do yourself and some which require the help of an attorney.
There are some things you can do yourself and some which require the help of an attorney.
Fighting a dui in Michigan, as in any other state, can be difficult. Law enforcement officials and courts take DUI charges very seriously because of the myriad of dangers associated with drunk driving. As a result of the risk associated with drunk driving, most states impose penalties including large fines, time in jail, probationary periods, and additional measures like an ignition interlock system. Since the penalties are grave, fighting a DUI becomes important if you want to keep a clean criminal record and avoid a lot of trouble.
Fighting a DUI, of course, depends on you having grounds to fight or an argument to make to the court as to why the charges should be dropped or as to why you should be found not guilty. An officer who pulled you over without probable cause is one example of a potential reason to fight DUI charges.
The US Constitution protects your rights and ensures that you are free from unreasonable search and seizure. If a police officer pulls you over or tests you for alcohol without cause, this is a violation of those rights. Any evidence obtained from an illegal search is not admissible in court and thus, if this is the only evidence that the prosecutor has against you, the prosecutor may be forced to drop the case.
If you wish to prove that the search was illegal and that the officer did something wrong, you should strongly consider contacting a lawyer. Your attorney can help you to gather the evidence you need to make your argument and to maximize the chances of successfully beating the DUI.
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