The first issue considered in any DUI case is whether a legal basis existed for the initial stop or detention. Lawful contacts include, but are not limited to:
- a traffic stop related to a violation of Florida law;
- contact at a Comprehensive Roadside Safety Checkpoint;
- contact at a Driver License or Vehicle Safety Inspection Checkpoint;
- contact at the site of a traffic crash; or
- a consensual encounter with the driver; or
- la welfare check under the community caretaker function.
The second issue is whether the officer prolonged the detention for too long after the stop. Before an officer can detain a driver for longer than what is necessary to write a traffic citation, he must have reasonable suspicion to believe the defendant has committed, is committing, or is about to commit a crime Fla Stat § 901.151(2).
The courts have previously held that although certain characteristics could be attributed to being impaired by alcohol, without observation that driver was actually impaired, reasonable suspicion may not exist. State v. Scott, 17 Fla. L. Weekly Supp. 1075a (Fla. 9th Cir. Ct. 2010).
DUI Defense Attorney for Stop Issues in Tampa, FL
If your DUI case involves a possible bad stop or prolonged detention, then contact an experienced criminal defense attorney at Sammis Law Firm. We focus exclusively on criminal defense with an emphasis on