Fred E. Bell’s Answers

Fred E. Bell

East Lansing Criminal Defense Attorney.

Contributor Level 4
  1. Can you charge someone that is parked pumping gas with DWI in michigan?

    Answered about 5 years ago.

    1. Marc G. Beginin
    2. Donald B. Lawrence Jr.
    3. Fred E. Bell
    3 lawyer answers

    Our firm is litigating a very similar case where the vehicle owner is observed stggering to the vehicle in a parking lot. The client enters the vehicle and starts the engine but does not put the vehicle in gear. The police arrive and question the owner who is behind the wheel with the engine running. The client informs the police that client has called a friend for a ride and was, in the meantime, simply listening to the vehicle's radio. We have filed and argued a motion to dismiss. It's true...

  2. Is a drunken "confession" & a breathalyzer result enough evidence for a conviction?

    Answered about 5 years ago.

    1. Fred E. Bell
    2. Lars A. Lundeen
    3. Wayne Rodgers Foote
    3 lawyer answers

    If the defendant is under arrest he/she must be advised of Miranda rights before questioning. Presumably the accident occurred after 2 a.m.thus making the statement inculpatory. I would seek to have the statement suppressed. If the field sobriety test and breathalyzer were preceded by advice of chemical test rights there is little chance of getting those results suppresssed based on inability to given "knowing, intelligent and voluntary" waivers when defendant has a .099 bac. However, if tests...