Justin Bieber stopped illegally?

The police report documenting the reasons for the stop and arrest of Justin Bieber last week for DUI has some possible new problems.  The report indicates an Officer  Cosner got on his police radio and told other officers he estimated the speed of the Lamborghini at 55-60 mph.  The posted speed limit on the street was 30 mph.  An Officer Medina reportedly then saw the Lamborghini and stopped it.  Medina made no mention in the report of personally seeing any fast driving or racing of any kind. No mention of unsafe or impaired driving of any kind was noted.

A new report suggested on TMZ states GPS records from the Lamborghini show the top speed of the exotic car was only 27 mph.  This speed is under the posted speed limit and obviously lawful.

Did officer Cosner see Justin Bieber racing?  The objective facts are beginning to question whether Bieber should have been stopped at all.  The law does allow an officer to take investigative action based on information passed onto them from another police officer, if the second officer presumably believes the first to be trustworthy.  The Florida prosecutors are getting a deeper and deeper hole to climb out of to make their DWI case against Bieber.

Bieber’s subsequent arrest and testing further highlight to America how the police operate in these kinds of cases.  Bieber cooperated with police tests and provided a breath test as requested.  Still no evidence of intoxication.

Bieber provided a urine sample that showed he had taken at least two drugs / medications in recent days.  This toxicology report is of little to no value in determining if Bieber was DUI /DWI. The law does not forbid driving while having a drug in your urine.

Reports indicate Bieber performed well on tests administered by the police.  Prosecutors seem confident that his sober performance is just a result of his dancing skill, and that he was nevertheless intoxicated.

It is fortunate that the voters and jurors of America can see all of this as it unfolds.  Too many times the police pursue DWI and DUI arrests in a witch hunt fashion, just as they have in Bieber’s case.  They decided they had a “witch” from the start and then applied the police voodoo substitutes for science to try to prove they were right- ignoring all evidence that questioned their conclusion.  More about this after the details of the DRE report is released.  Hopefully Bieber will get a DWI lawyer who knows what they are looking at.

Bottom line, before we even get to the voodoo science, is the fact that the stop was based on a lie to begin with.  This should result in all evidence being suppressed anyway.  Any DWI arrest.  Even a DWI arrest based on drugs or medication must first come from a lawful detention or it is an illegal stop with no admissible evidence.

Hopefully Bieber will secure the best DWI lawyer he can find and will fight the government on this.

 

Written by

Jim Medley

For more than 20 years, attorney Jim Medley has perfected his craft in the field of criminal justice. He garnered extensive knowledge during his 12 years as a police officer in Texas, and applied that knowledge during his time as a professor of criminal law and criminal justice. Mr. Medley brings a unique skill set to the table, and as a result, he would be an invaluable asset in the courtroom should you need DWI or criminal defense in Houston.

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