Thursday, February 3, 2011

How to prevent being arrested for a DUI.

One of the most common preventable reasons for a DUI stop is the tag light or license plate light. This is a favorite stop method in jurisdictions that aggressively enforce DUI laws. The stop is very difficult for an attorney to defend against. The case law is very strong for the state. I have listed some summaries of tag light case law. If you make the decision to drive after drinking do a simple walk around your car to make sure your lights are in working order. A $1 light could cost you $5000-$10000 in fines, attorney fees and increased insurance cost. A deputy's observation from 40 to 50 feet away that tag light of defendant's vehicle was not working was sufficient to provide probable cause to believe that tag light was in fact inoperable and, thus, to justify a traffic stop, whether or not deputy inspected vehicle after stopping defendant. State v. Lee, 957 So. 2d 76 (Fla. Dist. Ct. App. 2007). In contrast Police officer's belief that defendant's vehicle had an equipment violation because only one tag light was working was a mistake of law that did not establish probable cause to stop the vehicle. The stop of defendant's vehicle was not authorized under statute allowing vehicle stops for a vehicle that is unsafe or not equipped as required by law, where the state did not show that the malfunctioning of one of the vehicle's two tag lights rendered the vehicle not equipped as required by law or unsafe. Langello v. State, 970 So. 2d 491 (Fla. Dist. Ct. App. 2007). Police had probable cause to stop vehicle where license tag illuminating light was not on when headlights were on, in violation of statute, even though stop took place before sunset and headlights were not required to be on. Andrews v. State, 540 So. 2d 210 (Fla. Dist. Ct. App. 1989). Generally speaking a Florida DUI tag light stop is difficult to suppress. On the other hand tag light stops do not carry a lot of weight with a jury unless the prosecutor has additional evidence of impairment. If you have been arrested for a DUI contact Daytona Beach DUI attorney Kevin J. Pitts. Kevin J. Pitts handles Central Florida DUI cases in Volusia, Seminole, Lake and Orange county. Mr. Pitts handles cases in other Central Florida counties on a case by case basis.