Gerald R Stahl is Grand Rapids Michigan lawyer representing people seriously injured in auto and truck accidents for over 30 years. He also defends people charged with crimes,including drunk driving, drug crimes, and homicide. He is a member of The American Association for Justice and a Fellow in The National College of Advocacy. This Blog does not constitute legal advice. In no way does it create or imply an attorney client relationship. If you have a legal problem you should consult a lawyer.
Monday, January 23, 2012
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.