Legal Question in Criminal Law in Florida

if one were to get pulled over without cause, and received a ticket for driving on a suspended license, could the driving on a suspended be dismissed if it could be proved that i was pulled over without probable, or just cause? happened in florida, I received no other ticket, car i was driving was registered and insured, by another party with a clean driving record. the police car has an on board camera which could prove that i did not run the stop sign (which was the reason the gave for pulling me over)

please help

mike


Asked on 7/06/10, 7:07 am

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

You could potentially do a motion to suppress the evidence, not a motion to dismiss. The fact that the officer did not give a ticket for the stop sign doesn't mean it should be suppressed either. Additionally, if the officer actually took video of the stop then that may be the only thing to save you here. Officers don't usually turn on the video (if at all) until after the stop so the reason for pulling you over may not be on video. If it isn't, then the officer, rightly or wrongly, will say that he had cause to pull you over and then discovered the suspended license. This can be very complex legal research area so I suggest you contact an attorney. I practice in your area if you wish to give me a call at my website below as I have dealt with this issue and won on several occassions.

Craig Epifanio

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Answered on 7/06/10, 11:40 am


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