Legal Question in Criminal Law in Florida

Dui Probable Cause

I was pulled over and arrested for DUI. The cop said that my right side tires had crossed the outside white line and rode the shoulder.

After reviewing the video, there is no point where my tires crossed the outside lane marker. The only time was when his lights were on and I was already been pulled to the side of the road for this traffic stop.

Background: This cop was outside a club with other officers seemingly randomly choosing people to pullover. When the video starts, he is three cars back and has to go around two of them to get to me. You cant even see my car in frame. He went around the others without a second look and sped right up to me and immediately turned on his lights. This is telling me he already had the intent of pulling me over just for coming out of a club.

Does any of this justify probable cause?


Asked on 4/11/08, 7:23 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Dui Probable Cause

A judge will probably say that coming out of a club is not probable cause. You may have grounds to have the results of your arrest suppressed, since it appears the officer lied. But you shouldn't do this motion on your own, you'll need a good criminal lawyer. Your motion is too complicated to be done without a lawyer.

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Answered on 4/12/08, 11:44 am


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