The media reports that Justin Bieber was traveling 55-60 mph in a 30 mph zone. There are no facts to suggest that any type of instrument was used to make that determination, so it may be helpful to know just what training the officer has in visual estimation of speed. Additionally, the reports show that Bieber was racing another driver named Khalil Sharieff. In order to have the proposed evidence suppressed, it would seem the defense attorney would need to be able to convince a judge that the cop was lying. If the attorney has reason to believe others have made similar claims, perhaps a Pitchess motion would be in order.
The reports said Bieber failed the field sobriety tests. It would be helpful to know what training the officer has in administering the tests. Absent credible evidence of the officer’s training and experience, the prosecution is left with the smell of alcohol, flushed face and bloodshot eyes. If it could be argued that the stop was good but there was insufficient evidence that Bieber was DUI, it might be an unlawful arrest. Being 19 years old pretty much kills this argument though, since in California a driver can be arrested or cited for lower BAC levels when they are under 21.
Then there is the issue of the chemical test. The admission to consuming alcohol, prescription meds and marijuana isn’t going to be helpful. Still, at this time we don’t know the blood alcohol level, what the prescription meds are and when he took them or when he smoked the marijuana. Lots of possibilities, good and bad, I suppose.
Kids make mistakes. Hopefully, this kid will figure things out and straighten up before he hurts someone and gets in real trouble