Broward DUI Attorney: Traffic Stops and Fruit of the Poisonous TreeWilliam Moore / 0 Comments /
Broward DUI attorney WR Moore Criminal Defense has found that some of his clients believe that the police can pull them over for no reason, as though it is just a part of being a licensed driver on Florida roads. While the law does incorporate required breathalyzer submission and obeying the traffic laws into the privilege of driving, the police cannot stop your car without any reason and then arrest you if they find a reason. Of course, Broward DUI defense lawyer WR Moore Criminal Defense knows that many DUI arrests are made because the police see or are alerted by a local citizen to a driver who is weaving, crossing the center line, moving at an oddly sluggish rate, or demonstrating other tip-off characteristics of an intoxicated driver.
An example of driving behavior that will always get you pulled over in Broward County:
In that case, the police officer clearly had a reason to stop the vehicle. But what if you are in a situation in which the Fort Lauderdale police pull you over for no reason at all, then see the beer cans littering the floorboard, and ultimately administer a breath test that you fail? Fort Lauderdale DUI attorney WR Moore Criminal Defense educates his clients about illegal traffic stops – when police make a traffic stop for no reason at all or for an invalid reason.
Generally, the police must have a reasonable suspicion that a crime is being committed, was committed, or is about to happen. For example, if they spot your car weaving, they can pull you over because they suspect that you are driving under the influence. They may not, however, pull you over without reasonable suspicion or for any invalid reasons, such as your race or ethnic background. If you are pulled over without reasonable suspicion and the police discover that you are intoxicated, but they would not have known but for the stop, then a skilled Fort Lauderdale DUI lawyer should be able to keep the evidence from ever coming into the courtroom. The police officer in that case violated your constitutional right to be free from unwarranted searches and seizures. In legalese, all evidence obtained from the unconstitutional traffic stop is “fruit of the poisonous tree,” meaning that all the evidence the police obtained from the traffic stop is tainted because they never should have pulled you over in the first place.
If you have been arrested for DUI in the south Florida Miami-Dade/Broward/Palm Beach metropolitan area, contact the office of experienced DUI defense lawyer WR Moore Criminal Defense immediately. Swift action is important in order to preserve your driving privileges and begin your defense.
By the way, this is a funny video (which was not made or endorsed by Broward DUI defense attorney WR Moore Criminal Defense) about how you are supposed to act during a routine traffic stop, like speeding:
Fort Lauderdale DUI attorney WR Moore Criminal Defense is experienced in Florida DUI defense and other aspects of criminal defense. If you have been charged with DUI in south Florida, contact WR Moore Criminal Defense, P.A., which has an experienced Fort Lauderdale DUI lawyer with offices in Miami-Dade, Broward, and Palm Beach Counties.
This article should be used for informational purposes only and should not be construed as legal advice nor as implied representation of any person.
Article contributed by Mallory Shipman, Esq.