“I couldn’t have asked for a better firm to represent me!… Call them with confidence that you are going to get the best team money can buy! They saved my life!”
– J.B.
“I couldn’t have asked for a better firm to represent me!… Call them with confidence that you are going to get the best team money can buy! They saved my life!”
– J.B.
“I could have retained anyone, and I made the right choice! Gary got my DUI charge dismissed. Completely! No plea bargain, no reduced charges.”
– A client
“..fierce representation of your legal interests…”
– J.C.
“I am extremely grateful for the aggressive representation we received from Gary and his team….If you are looking for an AMAZING team to represent you or a loved one I would recommend you contact Gary Springstead.”
– D.D., federal drug and RICO charges
“Gary is an excellent criminal defense lawyer…he worked tirelessly to uncover the truth, which helped prove my innocence at trial…Gary genuinely cared about the outcome of my case, and seemed to be as happy as I was when the jury returned the not guilty verdict.”
– M.D.
“Honest and Aggressive…[Gary and Kathy] were able to work out a plea deal that went above and beyond my expectations… I couldn’t have asked for two better attorneys to represent my case.”
– B.L.
One of the best ways to win a drunk driving case outright is to successfully challenge the factual or legal basis for the traffic stop. Because both the U.S. Constitution (U.S. Const. Amend IV) and the Michigan Constitution (Michigan Const., Art. 1, Sec. 11) place strict legal requirements on the government’s ability to seize or stop a citizen, being able to demonstrate that police failed to comply with these strictures during a traffic stop, should result in the court finding that your constitutional rights were violated. Because courts do not want to reward the police for violating your constitutional rights, courts are, generally speaking, required to penalize the police and prosecution by suppressing any evidenced seized as a result of an unconstitutional search or seizure, which means the evidence may not be used against you in court, effectively gutting the prosecutor’s case.
In order for a traffic stop to withstand such constitutional scrutiny, the police and prosecution must be able to demonstrate that the traffic stop was based on (a) probable cause to believe a civil infraction (a non-criminal violation of the motor vehicle code) has occurred or (b) “reasonable suspicion” to believe a crime is afoot, i.e., the police have a specific and articulable basis to believe a crime has been or has being committed.
In our experience, most DUI’s stem from a traffic stop based on the officer’s observation of a civil infraction such as:
While all of these reasons can justify a traffic stop, the underlying reason for a traffic stop is still susceptible to a legal challenge if it is not supported by a thorough, objective review of the facts. For example, it is very common for a traffic stop to be based on an allegation of swerving, but a careful review of the in-car video may not show any swerving. Such cases are ripe for a challenge. The DUI attorneys at Springstead Bartish Borgula & Lynch Law will carefully review the basis for your traffic stop and try and win your case by aggressively challenging any unlawful stops.
A police officer can also stop you or detain you if they have a sufficient legal basis (reasonable suspicion or probable cause) to believe that a crime has been or is being committed. Some of the more common crimes alleged include:
No matter the initial justification for the traffic stop, our drunk driving defense attorneys will conduct an independent review of the facts and determine whether a legal challenge is warranted. If our review indicates that police did not have a valid legal basis for a traffic stop, we will attack the basis for the stop and ask the court to suppress any evidence seized after the traffic stop, depriving the prosecution of crucial evidence it relies upon to garner a conviction.
With offices in Grand Rapids as well as Fremont, the West Michigan Drunk Driving Defense Attorneys at Springstead Bartish Borgula & Lynch, PLLC regularly defend DUI Charges in the Greater Grand Rapids Area, Hudsonville, Holland, Grand Haven, Muskegon, Hart, Ludington, White Cloud, and Big Rapids. Contact us online or call now Grand Rapids 616.458.5500 | Fremont 231.924.8700