Fight Your Traffic Stop

Most DUI Lawyers agree that the best way to take on a DUI arrest is to attack the traffic stop. IF THE COURT FINDS THE TRAFFIC STOP TO BE ILLEGAL THEN THE DUI CASE WILL BE DISMISSED.

The 4th Amendment to the Constitution protects us from illegal search and seizure. The Officer must be able to present a Well-founded basis through the evidence to justify stopping you. If he doesn't, it could be fatal to the case. Some of the issues and defenses to traffic stops are listed below.

DRIVING PATTERNS

One of the most common bases for a DUI traffic stop is the driving pattern. The Officer will testify that based on the way you were driving he saw a "pattern" i.e., weaving that gave him a basis to stop you for DUI. Even though you didn't break any traffic laws, he will testify that his training and skill gave him the well-founded evidence he needed to stop you. We can challenge his opinion using the video, your testimony, the testimony of other witnesses, the weather, road conditions, location, videos made by security cameras, and the officer's history and habits.

TRAFFIC INFRACTIONS

This is another of the most common reasons for stopping someone. Usually the Officer will say that while writing the ticket he discovered the evidence necessary to detain you for a DUI investigation. This evidence usually includes the odor of an alcoholic beverage on your breath, bloodshot and glassy eyes, slurred speech and difficulty finding your license and paperwork. In order to conduct a DUI investigation the Officer must hold you at the scene of the stop, often in order to call a "DUI unit" to the scene. We can defend the traffic infraction for you and challenge the officer's right to hold you there beyond the time necessary to write a traffic ticket.

PARKED VEHICLES

Everyone has heard about the guy who came out of a bar, realized he was too drunk to drive and fell asleep in his car only to be awakened by the Police and arrested for DUI. THIS IS A TRUE STORY. In Florida one only needs to be in "actual physical control of a vehicle." Although it is not set in stone, the courts usually require that the person is in the driver's seat and the keys are in the ignition before they will let the case go to the Jury. Some of the defenses in an a "actual physical control case" are: an inoperable vehicle, driver was asleep in a reclined seat, Driver only had keys in the ignition due to hot or cold weather conditions, keys were not in ignition, Police conducted illegal seizure of sleeping driver and police used their car to block sleeping driver in before they had evidence of DUI.

ACCIDENTS

A driver in an accident can be charged with a DUI even if the accident was the other person's fault. Police officers are trained to look for evidence of a DUI at any accident scene and it is easier for them to gather the evidence due to the slow nature of an accident investigation. The defense of "accident report privilege" is key in this situation. The doctrine of "accident report privilege" requires that an officer who is investigating an accident notify you of the DUI investigation before it actually begins. This gives you the opportunity to invoke your rights, and not offer any incriminating statements to the Police. Furthermore, any incriminating statements made as a result of Officer questioning during the accident investigation cannot be used against you in the DUI case.

911 CALLS

Many DUI traffic stops are made based on calls from citizens who observe a "driving pattern" that they believe to be due to a drunk driver. Quite often the Officer does not observe any bad driving and the stop is based entirely on the opinion of the citizen witness. We can force the civilian witness to take the stand and challenge their opinion and discover any bias such as road rage which may have led to a false 911 call against you. If the citizen caller fails to give their personal information and the Officer fails to observe bad driving the case could be dismissed.

ROADBLOCKS

Roadblocks are the most biased form of DUI traffic stop. Officers become bold when surrounded by several more officers whose only purpose is to pick DUI suspects out of the line of stopped cars. The suspect is forced to do roadside tests in front of hundreds of people with police lights flashing in every direction. We can review the roadblock to find out if they violated the guidelines. Often the Police use a mobile breath test unit; we can challenge the reliability of this portable machine.