For a DUI stop to be lawful in Florida, a law enforcement officer is required to have probable cause to pull an individual's vehicle over. This means that the officer must have observed some type of suspicious or illegal behavior such as swerving, tailgating, speeding, or a traffic law violation in order to have a reason to stop you.
If you did not display poor driving but happened to leave a bar right before an officer pulled over, the officer may have lacked reasonable cause other than suspicion.
Other driving behavior that justifies a police stop include:
- Reckless driving
- Driving too slowly
- Weaving between or within lanes
- Disregarding traffic signs or signals
- Not turning on your headlights after dark
The Fourth Amendment in the Bill of Rights guarantees all Americans protection against illegal searches and seizures. This means that if you were stopped without reasonable cause, your whole DUI case can be thrown out.
Police checkpoints are a point of Constitutional contention. Evidence gathered from them is only admissible if your car was stopped randomly. A police officer may not subjectively choose to stop you and question you at a checkpoint.
If you feel you were stopped or searched without probable cause, our experienced Miami DUI attorneys can contest your arrest and try to have your case dropped. Contact our attorneys at Beckham Solis, Attorneys at Law for legal advice and representation.