In a day in which Jim Amberg had already won one bad stop motion and had another drunk driving case pled to fines and costs and immediate sentence in Oakland County, an evidentiary hearing was conducted after Jim had filed a motion to suppress evidence resulting from what he argued was an unconstitutional stop of the defendant in a Troy operating while intoxicated case.
In the case, the officer testified she had stopped the defendant because he had repeatedly swerved in and out of the left hand turn lane on Dequindre road. On cross examination, Jim was able to point out the inconsistencies between the various officers' testimony. Additionally, while viewing the video, the officer could not answer Jim's question as to when the alleged swerving took place. Jim argued that not only did a swerve not take place, but even if it did, it was deminimus and that case law suggested that it takes more than a single swerve to stop a defendant. The Court agreed and suppressed all evidence of the stop and arrest of the defendant.
Needless to say, Jim's client and his parents were extremely happy and emotional after the victory. The case had originally started when Jim's client had contacted him when the client's prior lawyer had advised him to plead guilty because there was no chance of winning. After reviewing the videos and the police reports, Jim had felt otherwise and ultimately he was right.