Florida DUI Phases 1 Daytona Beach DUI Attorney

A Florida DUI case has four major phases. The first phase is the traffic stop. In Florida DUI cases traffic stops are a heavily litigated area. Suppressing the traffic stop is like cutting the head off of the DUI case. It will immediately die if the stop is suppressed. If the breath test or refusal is suppressed the case will be wounded but can still survive. Preventable stops like window tint, modified exhaust, speeding, tag lights, expired tags and head lights are often difficult to suppress. Driving pattern, weaving, failure to maintain a single lane, improper u-turn and careless driving can be challenged in many cases if certain requirements are not met. Florida DUI crash cases can be difficult for the state as a result of the accident report privilege. The accident report privilege does not exist in leaving the scene cases. A Florida DUI property damage case is enhanced in Florida and has additional penalties. The stop is commonly challenged but not all stops are appropriate for a motion to suppress. If a motion to suppress is not appropriate for the stop many other areas can be challenged. The information was provided by Daytona Beach DUI attorney Kevin J. Pitts. Kevin J. Pitts has handled hundreds of DUI cases as a Daytona Beach prosecutor and Daytona Beach DUI lawyer. The second phase of a DUI case is the detention and field sobriety exercises. The second DUI phase will be posted in the near future.

Florida DUI Stop For Driving Without Headlights On

If you are stopped for forgetting to turn on your headlights you might be able to suppress the stop. Each stop is fact specific so it is possible that some stops based on headlights might be valid while others could be suppressed. An old case from 1992 indicates that interfering with traffic or pedestrians might be a prerequisite to a valid headlight stop. In the case I am referring to the court decided that no evidence was presented to indicate the presence of other traffic on the roadway or the existence of endangerment to pedestrians or property resulting from the defendant's brief travels without her headlights on. She pulled onto a highway in front of a business and travelled just more than ½ a short city block, apparently without interfering with any other vehicular or pedestrian traffic, and turned on her headlights as she began to turn onto another street. Considering the nature of the deputy's inquiry of the driver and the circumstances and length of the detention and his acknowledgment that the point of origin of the vehicle was in an area known for high-drug activity, it is evident the State failed to demonstrate that the deputy was acting as a reasonable officer in stopping the defendant's vehicle, absent an invalid purpose, and, therefore, that this stop was not pretextual. State v. Lagree, 595 So. 2d 1029 (Fla. Dist. Ct. App. 1992). If you are stopped for not having your headlights on contact Daytona Beach DUI attorney Kevin J. Pitts.

            In the case referred to the defendant turned her headlights on. That is relevant because it would alleviate any concern the officer would have about invalid equipment. Once the officer observed the headlights on he could not justify the stop based on invalid equipment or acting as a good Samaritan. The case is old but has not received any negative treatment from other courts. The court later stated that they agree with the trial court's conclusion that pulling out of a parking lot and driving one-half of a small city block before putting headlights on is not such a circumstance that it can be assumed, without proof, that a reasonable officer would make the stop, when there was no proof that the area was not well-lit, and no proof that the brief period of driving without lights on caused any danger. State v. Lagree, 595 So. 2d 1029 (Fla. Dist. Ct. App. 1992). It appears that the ruling might have come out differently if the defendant wouldn’t have turned her lights on. Case law and facts determine the validity of a DUI stop. If you are stopped for a DUI in Volusia County contact Daytona Beach DUI lawyer Kevin J. Pitts. Mr. Pitts is also a Seminole County DUI lawyer with an office in Sanford.