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  1. #1
    Join Date
    Sep 2007
    Posts
    14

    Default DWLS and Switching Seats

    5 days ago my boyfiend and I were coming home from a resteraunt. My boyfriend was driving with a suspended license (I had now idea of this). Once he noticed a cop behind him he pulled into an office building parking lot and had us change seats. We changed seats and then the cop came into the parking lot. I don't think the cop saw us change seats but assumed that we did. He waited until I started to drive away before turning on his lights to pull us over. When the officer approached the car he asked why we changed seats. My boyfriend stated that since we had just came from a resteraunt he was not feeling well and needed to throw up. The officer asked again to make sure it was for a suspended licenses/no license situation. Again my boyfriend stuck to his story and the cop asked if he wanted the fire department to come and check him out. My boyfriend having nothing to hide said yes and the department came out and discovered that his blood pressure was high. The cop ultimately arrested my boyfriend but we don't know if it was for an outstanding DNR warrant since the bale was for the amount of the warrant and they threatened to send him off to the county where the warrant was for or if it was for the DWLS because they confiscated the plate and told me he talked himself into getting arrested. No other officer responded to the scene until the arresting officer was making the arrest. I made no signed statements that I was not driving; so if I state that I was driving the whole time do you think the charges will be dismissed for lack of evidence since I was in the driver's seat when the car was pulled over. Also would the officer need a valid reason for pulling the car over in the first place? Any advice at all would be appreciated. I am in a tough spot since I am in my third year of lawschool and if caught lying in court I will never be able to practice any type of law but at the same time I feel like I need to do something to help my boyfriend since he won't accept me trying to find ways for me to stay out of the situation seeing how I am the only one that could attest to him "not" driving. He insists that the judge will only believe the cop which might be true. The proper jurisdiction is Michigan. THANK YOU

  2. #2
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,126

    Default Re: DWSL either number 2 or 3

    No, you will not be able to lie to get away with it. If he didn't see you switch seats, then why do you think he asked you why you switched seats?

  3. #3
    Join Date
    Sep 2007
    Posts
    14

    Default Re: DWSL either number 2 or 3

    Cops aren't stupid they can use deductive reasoning. Also, If I assume something I would ask the question just to see what type of answer I get.

  4. #4
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,126

    Default Re: DWSL either number 2 or 3

    Quote Quoting alk10
    View Post
    Cops aren't stupid they can use deductive reasoning. Also, If I assume something I would ask the question just to see what type of answer I get.
    Right, they're not stupid.

    By the way, according to your post, he admitted to doing so.

  5. #5
    Join Date
    Sep 2007
    Posts
    14

    Default Re: DWSL either number 2 or 3

    I know but the cop took no notes or statements not even once he took him back to the station and i waited there and he did not question me either. Where is his evidence. What was said at the scene is all hearsay unless it is documented. Out of court statements cannot be broought into the court to prove the truth or verocity of the matter at hand.

  6. #6
    Join Date
    Sep 2007
    Posts
    14

    Default Re: DWSL either number 2 or 3

    I'm working on having him get his driver's record so we can find out what number this is. If it is only his second offense then we can prove the cop was acting in bad faith by confiscating the plate.

  7. #7
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,126

    Default Re: DWSL either number 2 or 3

    Quote Quoting alk10
    View Post
    I know but the cop took no notes or statements not even once he took him back to the station and i waited there and he did not question me either. Where is his evidence. What was said at the scene is all hearsay unless it is documented. Out of court statements cannot be broought into the court to prove the truth or verocity of the matter at hand.
    How do YOU know that he didn't take notes? Well, if out of court statements cannot be brought into the court, then who would ever get convicted of a crime?

  8. #8
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,126

    Default Re: DWLS and Switching Seats

    My boyfriend having nothing to hide said yes and the department came out and discovered that his blood pressure was high. The cop ultimately arrested my boyfriend but we don't know if it was for an outstanding DNR warrant since the bale was for the amount of the warrant and they threatened to send him off to the county where the warrant was for or if it was for the DWLS because they confiscated the plate and told me he talked himself into getting arrested. No other officer responded to the scene until the arresting officer was making the arrest.
    He was arrested, aaron. She is trying to get the stop thrown out because she believes that the officer did not witness them changing seats, although that is EXACLTY what he asked them when he stopped them - why did they change seats.

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