FRAMINGHAM (AP) — President Barack Obama’s uncle plans to argue that police did not have the right to stop his car before his arrest on a drunken driving charge.

A lawyer for Onyango Obama told a judge Thursday he plans to file a motion to suppress the traffic stop that led to his client’s arrest in August because Obama was not committing any motor vehicle violations.

READ MORE: Coronavirus In Massachusetts: Today's Developments

Obama did not speak during the brief appearance in Framingham District Court.

WBZ-TV’s Alana Gomez reports.

A hearing on the motion is scheduled for Jan. 12.

READ MORE: Trail Blazers Rally Past Celtics 109-105

Obama has pleaded not guilty.

Obama is the half-brother of the president’s late father.

He was initially held without bail on a detainer from U.S. Immigration and Customs Enforcement officials on allegations he violated an order to return to Kenya, but has since been released.

MORE NEWS: Mendon Restaurant Staff Stunned By $4,000 Tip Left By Peloton Challenge Team

Copyright 2011 The Associated Press.