Unlawful Police Stops
Ft. Lauderdale DUI Attorney
A police officer cannot stop a vehicle without cause. Under the Fourth Amendment to the United States Constitution, you are protected against unreasonable searches and seizures. If we can establish the inital stop of your vehicle was unlawful, your entire case can be dismissed. If you have been stopped under questionable circumstances, you are urged to contact a Fort Lauderdale DUI lawyer to assist you in your defense.
In a DUI case, most people come into contact with the police as a result of a traffic stop. In order to make a valid traffic stop, law enforcement must have probable cause to believe that you have committed a traffic infraction or a reasonable suspicion that you have committed a crime. Traffic infraction are things like speeding, running a red light, or driving without headlights. Many traffic stops involving possibily impaired drivers are based on weaving, drifting, or failing to maintain your lane of travel. These stops can often be challenged depending upon what law enforcemnt witnesses.
If you believe your vehicle was stopped unlawfully, call the lawyers at DiRenzo Defense to determine if we can get your case DISMISSED based on an unlawful traffic stop. If the traffic stop was unlawful, all evidence gathered after the stop will be thrown out.
Some common traffic stops we deal with on a daily basis:
- Weaving, drifting, or swerving
- Failure to maintain a single lane
- Careless driving
- Reckless driving
- Driving without headlights
- Running a stop sign or red light
- Almost striking a curb or median
- Driving too slow
- Wide turns
- within your lane?
It will take a strong and determined DUI attorney to investigate the stop of your vehicle and attempt to get your charges dismissed. We have ad experience in dealing with nearly every type of traffic stop. Call us to determine if your vehicle was legally stopped.
The police in Ft. Lauderdale from time to time set up Sobriety Checkpoints where they randomly stop drivers and check for DUI. They often do this on holidays such as New Year's Eve or times when students gather for parties. As discussed above, a police officer can not stop a vehicle without cause. However, Florida courts have upheld these stops so long as law enforcements follows certain rules. The police MUST have prewritten guidlines that law out the steps to follow at these checkpoints. If these guidlines do not conform to the law, your case may be dismissed.
DUI Lawyer in Ft. Lauderdale
We at DiRenzo Defense energetically defend the rights of clients in Fort Lauderdale, Florida from unlawful police stops. Where clients' Constitutional rights have been violated we relentlessly insist that all evidence of DUI or other criminal activity be suppressed. We have helped many clients beat DUI charges and defend their driver's licenses from suspension or revocation.
If you are facing the consequences of what you believe was an unlawful stop, we urge you to contact us immediately. You have only ten days from the time of a DUI arrest to appeal suspension of your license.
Contact a Ft. Lauderdale DUI Attorney
for a free consultation about illegal police stops.