Man Escapes DUI Charges With Help From His Crucifix
Being pulled over for a traffic stop is an annoying experience for any motorist –and law enforcement officials could have a variety of reasons for pursuing a driver. Although it may not be their original motive, if a police officer suspects that a motorist is intoxicated, then it is possible that the person will also face DUI charges, in addition to the original violation. However, any experienced DWI defense lawyer in Michigan would remind drivers: law enforcement officials must have probable cause to pull a motorist over. Otherwise, any evidence obtained cannot be used against the defendant.
Such an example is seen in a recent out-of-state drunk driving case. In March 2006, law enforcement officials pulled over Gregory Cyrus for a traffic stop. Police had noted that he was driving with a crucifix around his rear-view mirror. It is against the law to have anything hanging from there. After stopping Cyrus for this original reason, the attending officer noticed that he showed signs of intoxication, eventually arresting him on DUI charges.
However, Cyrus challenged the arrest stating that the officer had no reason to pull him over in the first place. State law does ban motorists from hanging items from the rear-view mirror, but it only applies to objects that distract or block the driver’s view. As the crucifix was neither distracting nor preventing Cyrus from clearly seeing the road, defense attorneys argued that drunk driving evidence obtained during the traffic stop was gained unconstitutionally. State Supreme Court Justices agreed with the defense, and in a split decision ruled that Cyrus did not violate state law and therefore the officer had no reason to stop him in the first place.
A drunk driving arrest is a difficult process for any motorist to go through, as conviction comes with severe consequences including the loss of driving privileges and potential jail time. However, it is important that motorists are aware of their own rights. Evidence gained in an unconstitutional manner may not be held against you, as seen in the case of Gregory Cyrus. To ensure your rights are upheld in court, it is important to retain hard-working and aggressive DWI defense attorneys in Michigan for assistance. Doing so will ensure that your case receives the best legal advice and legal representation, designed to keep you on the roads and at home, not behind bars.
About the Author
Since 1998, the DWI defense lawyers at Kronzek & Cronkright have provided the best legal advice and legal representation for people accused of drunk driving in Michigan.
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