Florida Law

Miami Florida DUI Defense

 

MOTION TO EXCLUDE HGN (eye test)

One of the road tests the officer administered to you before you were arrested was the Horizontal Gaze Nystagmus (H.G.N.). Florida Law requires that “There must be a confirmatory blood, breath, or urine test before H.G.N. evidence is admissible.” Cropper v. State, 11th Judicial Circuit, Case # 98-436 AC, Lower Case # 431701 X, Opinion filed February 29, 2000, citing Bowen v. State, 24 Fla. L. Weekly D2709 (3d DCA1999); Faries v. State, 711 So. 2d 597 (Fla. 3d DCA 1998).

What that means is if you didn’t blow, the HGN test the officer gave you at the side of the road may be inadmissible in court.

MOTION TO SUPPRESS BLOOD TEST RESULTS

blood testFlorida law and the Constitution of the United States prohibit the police from taking your blood for a DUI investigation unless there has been a death or serious bodily injury and reasonable cause to believe that you were under the influence of alcohol to the extent that your normal faculties are impaired.

Florida Statute Section 316.1933 reads:

“...if a law enforcement officer has probable cause to believe that a motor vehicle driven by or in the actual physical control of a person under the influence of alcoholic beverages, any chemical substances has caused the death or serious bodily injury of a human being, such person shall submit, upon request of a law enforcement officer, to a test of the person’s blood...”

If the State cannot show that there was probable cause that there was a death or serious bodily injury the blood draw is inadmissible.

ILLEGAL STOP OF YOUR VEHICLE

Before an officer can stop an individual he must have "founded" or reasonable suspicion that the individual has committed, is committing, or is about to commit a crime. Fla. Stat. 901.151(2). A "mere" or bare suspicion will not suffice. State v. Beja , 451 So.2d 882 (Fla. 4th DCA 1984). In order to stop an automobile and to request ID from its occupants, it is required that the officer have a founded or reasonable suspicion which requires further investigation. Lewis v. State , 337 So.2d 1031 (Fla. 2nd DCA 1976).

Any evidence obtained by virtue of an illegal seizure in violation of Florida Statute 901.151(2) and the Fourth and Fourteenth Amendment's of the Constitution of the United States is suppressible.