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Tampa criminal court case results

attorney william hanlon

unlawful DUI traffic stop leads to dismissal»

Tampa DUI defendant blew .205 and .208
facts: An officer began to pursue defendant after noticing major front and rear end damage to the defendant's vehicle with the bumper hanging almost completely off. When the defendant pulled into a parking lot, the officer followed him in with his vehicle. The officer approached the defendant's vehicle. When questioned by the officer as to the cause of the damage to the vehicle, the defendant replied that he did not know. When the officer asked him if he hit anything he also replied that he did not know. Witnesses' statements taken by the officer reveal that the defendant ran the car into a tree earlier and fled the scene. The officer detected a strong odor of alcoholic beverage emanating from the defendant's breath, slurred speech, and the defendant was unable to stand without losing his balance. The defendant failed the field sobriety test and submitted to a breath alcohol test that registered a .205 and .208. The legal limit in Florida is .08.
defense: When the officer stopped the defendant, there was no probable cause to believe he committed a traffic infraction, nor a reasonable, founded suspicion of criminal activity. Therefore the stop was an unreasonable seizure in violation of the Fourth and Fourteenth Amendments to the United States Constitution; Article I, § 12 of the Florida Constitution; and § 901.151 Fla. Stat. (1999).
results: Our motion to suppress all evidence and statements obtained as a result of an illegal stop and arrest led to negotiations with the State. The State agreed to drop the DUI in exchange for a plea to reckless driving.
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