1st Time DUI, 2nd Time DUI Or More

DUI Traffic Stop – Case Closed

Unraveling the Legal Threads

DUI Traffic Stop
DUI Traffic Stop – Targeting Drivers to Enforce Laws and Arrest Offenders

Here is a case summary about a DUI traffic stop where the case was dropped after Constitutional and Statutory Rights were violated. This is an  in-depth exploration of a legal case that unfolded in the State of Florida, where the pursuit of justice collided with constitutional rights. In the matter , the defendant sought to challenge the legality of a DUI traffic stop, unearthing a complex web of issues that question the foundations of law enforcement actions.

Let us help you 813.222.2220

 

Case Overview

The Players Involved in DUI Traffic Stop

In the legal arena of the County Court,  the DUI Traffic Stop stage was set for a confrontation between the State and the DUI defendant. The case, identified by the online reference FLWSUPP 2908CRAW, delved into the nuances of criminal law, specifically focusing on charges of Driving Under the Influence (DUI) and Refusal to Submit to Testing.

The Allegations

The defendant, mounted a defense asserting that the arresting deputy lacked probable cause for the traffic stop that led to his subsequent arrest. The crux of the matter revolved around the deputy’s claim of an obscured tag, a violation of Florida Statute 316.605(1).

The Court’s Investigation

Testimonies and Findings about the DUI Traffic Stop

A County Court Judge, considered the evidence presented. The arresting officer testified that he initiated the traffic stop due to an alleged obscured tag and the knowledge that the registered owner had a suspended driver’s license. However, the driver contested the validity of the traffic stop, challenging the deputy’s observations and the subsequent events.

Video Evidence

Central to the court’s investigation was the AXON body camera video worn by the Deputy during the traffic stop. The video provided a visual narrative of the events, from the initial encounter to the arrest. This visual documentation became a critical component in evaluating the deputy’s actions and the defendant’s responses.

Legal Findings

Tag Obscuration

While the Deputy asserted that the tag was obscured, the court analyzed Florida Statute 316.605(1), which mandates that all elements of a license plate must be clearly visible. The court found that the alphanumeric portion and the registration sticker were unobscured, leading to the conclusion that the traffic stop based on an obscured tag lacked probable cause.

Validity of the Traffic Stop

Notwithstanding the tag issue, the court acknowledged that the traffic stop could be considered lawful based on the knowledge that the registered owner’s driver’s license was suspended. This legal precedent aligned with previous caselaw.

Deputy’s Testimony and Credibility

The court scrutinized law enforcement’s testimony, emphasizing the contradictions between his verbal account and the AXON video recording. The discrepancies raised questions about the reliability of the deputy’s observations, particularly concerning indicators of impairment.

Unraveling the Field Sobriety Exercises

Lack of Advisement

The arresting officer’s failure to inform the suspect about the potential consequences of refusing field sobriety exercises became a pivotal point of contention. The court underscored the importance of advisements. The absence of such advisements rendered the defendant’s refusal less probative of guilt.

Suppression of Evidence

Considering the totality of the circumstances, the court ruled in favor of the driver. The Motion to Suppress was granted, leading to the exclusion of evidence obtained after the defendant was informed of the DUI investigation.

Conclusion

In the intricate legal dance between the prosecutor, the police, and the defendant driver, the court’s scrutiny of the traffic stop’s legality unfolded as a critical narrative. This case sheds light on the delicate balance between law enforcement actions, constitutional protections, and the integrity of evidence. As the legal system navigates such complexities, the quest for justice remains an ongoing journey, where each case adds another layer to the evolving tapestry of legal precedent.

Seek Legal Counsel with Casey, the Lawyer

If you find yourself entangled in the complexities of the legal system, navigating the delicate dance between prosecutors, law enforcement, and your rights as a defendant, it’s crucial to have a seasoned advocate by your side. Casey, the Lawyer, stands ready to guide you through the intricate legal landscape and ensure your rights are protected.

 

Let us help you 813.222.2220

In the aftermath of a critical legal narrative, such as the one illuminated in this case, your journey through the justice system requires experienced counsel. Casey understands the nuances of law enforcement actions, constitutional protections, and the nuances of evidence integrity. Your case adds another layer to the evolving tapestry of legal precedent, and Casey is here to help you navigate every twist and turn.

Don’t face the legal intricacies alone. Casey, with a proven track record and a commitment to justice, is the advocate you need. Call 813-222-2220 now and take the first step towards securing the representation you deserve. Your quest for justice begins with a call to Casey, the Lawyer.

Source: STATE OF FLORIDA, v. TC, Defendant. County Court, 7th Judicial Circuit in and for Flagler County. Online Reference: FLWSUPP 2908CRAW

DUI News

DUI Traffic Stop Motion to Suppress

DUI, Traffic Stop, Motion to Suppress
Sample DUI Traffic Stop Motion to Suppress
Motion to Suppress Evidence


“If the traffic stop is invalid, DUI Driving Under the Influence or other criminal charges can be avoided.


Sample DUI Traffic Stop Motion to Suppress


DUI cops need a valid reason for a traffic stop. In one recent case there was an anonymous tip of bad driving and then a video revealed no such bad driving. The video and other identifying information have been removed from the filing to protect the privacy of the defendant.

Was there a bad traffic stop in your case? Let’s find out – Call an experienced DUI Defense Attorney at 813-222-2220.




Take a look at this online sample Motion to Suppress based upon an allegation of an invalid DUI Traffic Stop. If the traffic stop is invalid, DUI Driving Under the Influence or other criminal charges can be avoided. Click below to see a Sample Motion to Suppress based upon an allegation of an invalid DUI Traffic Stop.


Sample Motion to Suppress DUI Traffic Stop



 

 

 
DUI Traffic Stop Motion to Suppress
1st Time DUI, 2nd Time DUI Or More

Story of a Typical Tampa DUI Traffic Stop

The Story of a Typical DWI / DUI Traffic Stop

Story of a Typical Florida DUI Traffic Stop

Imagine a visit to the Tampa Bay area, on a Florida vacation. There is a dui traffic stop or a minor accident and the cop smells alcohol and asks you to step from the car. The cop often innocently asks if the driver needs directions. More questioning will follow as to where you came from and where you were going. A series of “tests” designed to be recorded and to make drivers look at the very least silly usually follows.

 

 

To Jump ahead Choose One of These Topics

What happens to me after a DUI arrest?

How do I get out of jail after a DUI Arrest?

What happened to my car?

How do I get my Driver’s License back after a DUI charge?

How do I get a copy of the Police Reports?

What happens to me after a DUI arrest?

What happens to me after a DUI arrest?

Failure of Roadside “Tests”

Upon your imminent “failure” of this field or roadside sobriety tests you are part of a DUI Traffic Stop. The cop who stopped you may call a “DUI specialist” to the scene of the traffic stop. Then an officer will take you and the video to the county jail. Then at the jail, an officer asks you to submit to a breath test.

Loss of Privilege

If you don’t comply with the request, the officer seizes your driver’s license and the law suspends your driver’s license immediately or in as little as 10 days. A national data-sharing system shares this event with all 50 states. Your insurance company, an employer, a potential landlord, a potential employer will now have easy access to this alcohol-related traffic stop.

Recording of “Test”

Some Florida counties also produce a video at the jail at or near the time of the breath test. Hernando County, Florida is one such county. Hillsborough County Florida sometimes records the performance of field sobriety test in a room at the jail. The police will sometimes record the request ( in Florida, an Implied Consent warning ) and refusal to take a breath test on video.

DWI Defense or DUI Defense under the strict Florida law can be quite challenging. Often the police are the main and only witnesses. Licenses authorities, prosecutors, and judges will have access to a video of your driving and your field sobriety tests.
Under Florida public records law, the media can obtain copies of all reports, including this video.

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How do I get out of jail for a DUI Arrest?

How Do I Get Out of Jail After a DUI Arrest?

If the result is over .08, then the jail is required to hold the driver until a second breath test is less than .08. This is true even though bond has been posted. Upon release from jail, drivers wonder, what happened to my car? Cops usually will rummage through the vehicle seeking cash, contraband (usually drugs or weapons or open containers of alcoholic beverages). A tow truck is generally called to the scene and the vehicle is impounded.

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What happened to my car?

What Happened To My Car After My DUI Arrest?

Getting the vehicle back can be quite a challenge. Once you figure out who took your car and where it went, these operators require a photo ID. This is tough since the cops took your license in their efforts to suspend your license.

You must confront the scientific evidence from the breath test and/or the blood tests. Damaging evidence against you may include the breath test, the blood tests, officer’s testimony, and Standard Field Sobriety tests.

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How do I get my Driver’s License back?

How do I get my Driver's License back after a DUI arrest?

Business Purposes License

If you have no prior DUI charges, then you may be eligible for a business purposes only restricted driver’s license. You can waive any challenges to the traffic stop, the alleged refusal to submit to a breath test, or having a breath result of over .08 at the time of the alleged driving. This waiver permit costs around $500. You pay directly Alcohol Traffic Education, the Bureau of Administrative Reviews, and the Division of Drivers Licenses directly. The disadvantage of a business purposes only restricted driver’s license is a permanent entry on your driving record. The entry lists the traffic stop, the refusal, and a breath result over .08.

Hardship License

Another option, usually with the help of a Tampa DUI Lawyer, is to have your attorney request an administrative hearing (with or without witnesses ). You have 10 calendar days from the DUI traffic stop to pay a filing fee and request a hearing. The hearing may be set within 30 days. Your DUI ticket says if you are eligible for a 42-day hardship license. You may challenge the facts and validity of the DUI arrest and the DUI traffic stop under the Florida Law.

Standards For Suspension

The arresting officer sought the suspension of your driver’s license on the date of the DUI stop. The hearing officer uses the standards of the Florida Administrative Code. The hearing officer uses a checklist from that code to validate the suspension of your driver’s license. The checklist covers a few technical requirements surrounding the DUI traffic stop. It also covers the refusal to submit to a DUI breath test. Further, it covers the evidence of a valid DUI breath test over .08 on the Intoxilyzer 8000 breath machine.

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How Do I Get a Copy of My DUI Arrest Police Reports?

How Do I Get a Copy of the Police Reports of My DUI Arrest?

A competent DUI Defense Attorney can file proper legal requests meeting all deadlines. These force the state to provide all information they intend to use against the driver. Some Florida DUI Lawyers have knowledge of the highly technical issues covered in this article and can establish your defense against DUI charges. In Florida, DUI is a serious charge. A conviction usually results in a nearly permanent entry on your driving record, even if you do not have a Florida driver’s license. You cannot seal or expunge the record of this conviction to prevent others from uncovering this event in your life. You need a serious defense. A Board Certified Criminal Trial Lawyer in the Tampa Bay Florida area, can be your attorney and defend you against drunk driving charges and other traffic offenses. A DUI / DWI lawyer to defend against this charge is available right now. Please call 813-222-2220.

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1st Time DUI, Breath Test Over 08

Reducing Impaired Driving Recidivism – Established DUI Diversion

DUI Diversion Program

Established DUI Diversion Programs
Established DUI Diversion Programs in 8th, 9th, 11th, 13th Circuit Courts

The Office of the State Attorney, 13th Judicial Circuit just developed their own DUI Diversion Program. Therefore, we will look at some of Florida’s already established DUI diversion programs. The 8th, 9th, 11th & 15th Circuit Courts all use DUI Diversion for a driver’s first DUI charge. Furthermore, each Circuit Court has different admission rules and distinct program requirements. Update: This Hillsborough County program started March 1, 2018. You can read about what the state’s attorney is looking for, what you might need to know, who is eligible and why you might want to be a part of this program.

Admission Requirements Are Confusing

First of all, some of the confusion of this process is shown below. Since each county has developed their program independently, the demands on the DUI driver differ. Therefore for help, call (813) 222-2220. In Orange and Osceola Counties, only legal U.S. residents can join the DUI Diversion Program. As a result, a tourist, a foreign national or someone on an F1 student visa charged with a DUI could never enter the DUI Diversion program in the Ninth Circuit Court. In Miami-Dade County, there is no upper limit on your breath alcohol concentration (BAC) to make you ineligible. But that same county requires that you sign a statement of guilt before entering. Three of the Circuit Courts (8th, 11th, and 15th) will refuse your admission if a child or animal was with you in the vehicle at the time of the charge. Another difference is that only the 8th Circuit Court will use drunken aggression as a reason to deny your access to the program.

 

Admission Qualifications of Established DUI Diversion Programs in Florida By County