The most common type of motion in a drinking and driving case in Oakland County is the bad stop motion. A bad stop motion is warranted when an officer chooses to pull somebody over for no reason or an unlawful reason. This happens more often than most people realize as there is no coincidence that African American citizens are stopped at a higher rate than others. Bad stops are not always racially based, as officers tend to stop younger people, especially when they are travelling with others in their car. All an officer has to do is trump up some excuse and the next thing you know is that you are in jail.
We have had tremendous success with challenging the stops of officers. For example, Amberg & Amberg attorney Jim Amberg recently was able to get a drunk driving case thrown out in the 52-4 District Court in Troy when he was able to show the Court that the officer was untruthful when she testified about Jim's client's alleged swerving. Jim's client got his life back and the officer learned a very valuable lesson about the Constitution!