Police claim that a 63-year-old Benton Harbor man was driving erratically when they pulled him over at 11:30 one week ago on Friday. As sometimes happens, a routine traffic stop resulted in multiple charges.
The 63-year-old Michigan man allegedly refused a breath test, but after a series of other discoveries and a search warrant, was still arrested and is expected to be charged with drunk driving and other crimes.
The man's problems began with the traffic stop. According to a news report, the man failed a field sobriety test after he was pulled over for some type of alleged erratic driving. Police claim he then refused a chemical breath test, which is against the law in Michigan.
The man was also unable to produce a driver's license. The police searched his truck, and state that they found a loaded 22 caliber handgun, plus two bags of marijuana and several pills of an unknown type. The news report did not mention what suspicion or reasoning caused the police to search the man's pickup truck.
A background check revealed that the 63-year-old was on probation in Berrien County for an OWI III offense and had a criminal record which made it illegal for him to possess a firearm and ammunition.
At some point during the arrest, the police obtained a warrant for a blood test which reportedly showed a 0.149 percent blood alcohol concentration. The legal limit in Michigan is 0.08 percent.
The exact nature of the man's criminal charges was not reported although one could assume a drunk driving charge, drug possession charge, weapons violation and probation violation.
The arresting officers are required to follow a number of procedures during an arrest and during any searches. During his criminal defense those arresting procedures will no doubt be examined carefully. The 63-year-old could be facing serious consequences.
If you're facing multiple felony charges, it is imperative that you retain an experienced defense attorney wo can protect your interests and present a solid defense.
Source: mlive.com, "Drunk driver in Berrien Springs has gun, money and drugs in his truck, police say," Rosemary Parker, June 18, 2012
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