Illegal Traffic Stops: DUI Charges In Miami
You cannot be randomly stopped by police if you are not violating the law. In order to pull over a driver, the police must have a reasonable suspicion that you are driving drunk. You cannot be pulled over due to the type or condition of your vehicle, loud music coming from your vehicle or any other reason if you are not violating the law. One exception is a roadside sobriety checkpoint, but even then, police must operate the checkpoint with a great number of restrictions. In either case, a person could be arrested and charged with DUI after an illegal traffic stop.
At my firm, Jonathan B. Blecher, P.A., I have had many, many DUI cases dismissed after establishing that the police violated the rights of the driver by illegally stopping the driver. Before an officer can stop a driver, the officer must have a reasonable suspicion that the individual has committed, is committing, or is about to commit a crime. There are many cases in which the police overstepped the bounds of the law, pulled over a driver that was operating a vehicle legally, and subsequently filed charges for DUI. Were you illegally stopped? Call me before your case moves forward any further through the system.
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State Law And Your Rights
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 andto 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). This case could have an impact on what happens to you in a DUI charge. The reasonable suspicion that you were driving drunk must be clear. There are many cases in which police randomly stop a person and the issue of reasonable suspicion can be successfully challenged, leading to a case dismissal.
What Happens To The Evidence Found In Your Vehicle After An Illegal Stop?
Any evidence obtained by virtue of an illegal seizure in violation of Florida Statute 901.151(2) and the Fourth and Fourteenth Amendments of the Constitution of the United States could be deemed inadmissible if it is established that the police stop was illegal. Having served as defense counsel in over 3,000 DUI cases in my 40 years in practice, I have a great deal of experience in challenging illegal stops successfully. If you face DUI charges and were not operating your vehicle in a dangerous manner that could lead to a reasonable suspicion that you were intoxicated, it is time to challenge the entire case and engage in legal action to get the case dismissed.