Arrest of Michigan State Representative on Drunk Driving charges highlights flaws in law.

The recent arrest of State Representative, Bob Genetski, on Operating While Intoxicated charges shows that police have too much discretion in making drunk driving arrests. Apparently, the legislator was stopped for the very minor offense of traveling slightly over the speed limit in the early morning hours. He was cooperative with the officer and blew a PBT (preliminary breath test), it registered only .066. West Michigan Drunk Driving Help. Clearly the driver's BAC ( Blood Alcohol Content) was under the .08 unlawful blood alcohol level in the State of Michigan. The PBT is suppose to be used to establish probable cause to arrest. Probable cause is established when someone is over the legal limit of .08. Grand Rapids Drunk Driving Lawyer. So, why then did  the officer arrest him  and ask him to blow another breathalyzer? The officer claims he showed signs of intoxication. That is purely subjective. The representatives driving was barely over the limit. And, most likely very few cars were on the road. At .066 it is likely that this unfortunate driver was nothing more than tired from a long day. Experinced Drunk Driving Lawyer in Grand Rapids. The officer overreached and I believe that Representative, Bob Genetski will be acquitted or the charges dropped.

Supreme Court rules against police attaching GPS device to auto without warrant.

In a unanimous decision the Supreme Court ruled that the police placing a GPS device on a suspected drug dealers car constitutes a search. The justices concluded that the Fourth Amendment forbids the government from obtaining information by physically intruding on a constitutionally protected area. Grand Rapids Criminal Defense Lawyer. Other justices agreed with the conclusion of the majority, but noted that a better analysis concludes that reasonable expectations of privacy were violated by the long term monitoring of the movement of the vehicle driven by the defendant. .Grand Rapids Criminal Defense Help. The decision is without a doubt a victory for privacy and ensures that the high tech use of GPS will only be used after a Judge signs a valid warrant.