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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience:  Handling criminal and probation matters for over 14 years.
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i recently got an owi , but on the police videos I was clocked

Customer Question

i recently got an owi , but on the police videos I was clocked going 34 miles per hour on a 25 mile per hour road, but when i came into view on the video four secounds later i was stopped at a red light. Also the officers speed was never constant during the video. For the state of michigan how should I claim to have been unlawfully stopped.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 5 years ago.
Hi and thank you for using JustAnswer!

I am sorry to learn of your experience. Am I correct to understanding that the police are claiming that you were stopped because you were speeding and that you claim that you were not speeding?
Customer: replied 5 years ago.
yes, the radar on the video had me clocked at 24 then 31 then 34 as i was approaching a stop light. I didnt come into view of the camera until 4 seconds after I was reported to be going 34 but i was stopped at that time and know I wasnt speeding. The officers speed was never constant in the video and I need a defense to throw the case out. I want to plea that I was unlawfully stopped making the fact that I was above the legal driving limit irrelevant. It looks like the attorney I have now doesnt know how to do his job since I had to show him how to use his laptop and play the video for him. Please be as specific in your response as possible, Im on my own and my license is on the line!
Expert:  JB Umphrey replied 5 years ago.
Thank you.

You are free to have a pre-trial hearing for the judge to take testimony to determine if there was probable cause for the stop. The serious risk of that approach is two-fold:

1. From what you've described, you were in a 25 mph zone and there's independent video evidence showing that there were times that you traveled more than 25 mph. That is probable cause for the stop.

2. If you want to claim that you were always driving 25 mph or below, you are going to have to take the stand and testify. If you take the stand, you are subject to cross-examination and the prosecutor is going to be able to ask and require you to answer all kinds of questions about where you had been, what you ate, what you had been drinking, how much you had been drinking, etc. In other words, you are opening yourself up to make admissions which will be used against you in trial.

Now, if you want to have the probable cause hearing and preserve your right to remain silent, the officer will testify as to his observations and the video will be introduced. The video shows times where your speed was more than 25 mph. If the officer's testimony is not rebutted, then the judge will decide that there was probable cause for the stop.

I know that this is not what you wanted to hear but you deserve a candid answer. I wish very much that I could offer you an answer that was more favorable to your circumstances, but the law seems to be pretty clear. Had I been able to provide an Answer which might have given you a successful outcome, it would have been my pleasure to do so.

I hope you understand.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied and select the Happy Smiley Face. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

If you have a follow-up question, please reply and ask it.

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