Unlawful Police Stops in Jacksonville
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Under the Fourth Amendment of the U.S. Constitution, police must have probable cause to believe there has been a violation of the law to initiate a search. This means that there must be some indication in your driving that you are drunk driving or otherwise breaking the law for the police to validly stop you. Where police have overstepped, a Jacksonville DUI lawyer will move to exclude evidence obtained in the illegal stop. When the court approves the motion, the prosecution usually has no choice but to dismiss the case.
What Is Considered Probable Cause?
For a law enforcement officer to make a lawful police stop, it is vitally important that they have what is known as "probable cause." This simply means that they must have some form of evidence that supports the fact that the driver was breaking the law in some capacity. Contrary to popular belief, officers are not permitted to act on whims whenever they desire.
For example, they can't park outside of bars and wait for a driver to leave. The driver must have exhibited some form of drunkenness before the traffic stop became legal. So what is considered grounds for a traffic stop? Any form of traffic violation, such as speeding, or even a physical issue with the car, such as broken lights. Other grounds for a traffic stop could include body damage to the car, failing to use turn signals, expired license plates or aggressive, unlawful behavior.
Pick Porterâ„¢ for a Free Consultation
We at Jason K.S. Porter, P.A. are strong defenders of our client's rights when police have randomly stopped them without probable cause. We have been serving the Jacksonville, Florida area with DUI defense. As three former prosecuting attorneys with approximately 100 years pf combined legal experience, we have successfully obtained many dismissals or acquittals of charges when police have infringed on our clients' rights with illegal stops.
We urge you to speak with a Jacksonville DUI attorney at the firm as soon after your arrest as possible.
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Serving Jacksonville, FL Since 2004
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My family has worked with Mr. Porter several times over the years. Each of our experiences were different but the outcome was the same. We all had extremely positive results. I have referred many friends and family to Mr. Porter for assistance, and I will continue to highly recommend the firm to anyone in need of legal services.- Anonymous
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Very helpful. Always there when needed.- K.S.
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I first met Jason Porter in 2003, when our children attended a Christian Preschool together. I saw what he did within our community. He helped many of the families from the preschool over the years so when it came time that my family needed a lawyer I chose him. Jason has helped my family and several of my personal friends, all with positive outcomes. He is a seasoned professional that is respected within the law community. You will be treated with the utmost respect and compassion. I don't know another lawyer of his caliber that offers free consultations and you speak to him personally. Pick Porter.
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If you're reading this then it is not too late!! I too spent countless time searching for the right law firm for me personally and let me tell you that Jason Porter and associates have to be the best around town!! They will work with you and fight for you. If you have any problems, Pick PORTER. I promise you won't regret it!!!- Boss N.
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First and foremost, everyone from staff to the attorneys are all great!! I first started with the firm in 2015 and due to my own circumstances, I was unable to complete the needed court requirements in order to finalize my case. The amount I paid to retain an attorney was placed in a trust and they assured me it would be there until I completed my requirements. 4 years later they kept their word and finalized my case once I completed my needed court requirement. Everything was professional and in a timely fashion on their behalf. They also found a second issue that needed to be resolved and also completed that for me. Although I hope to never need their services again, if I do, I will definitely be giving them a call. Thank you, everyone!- Erik R.
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Jason is the best lawyer in Jacksonville. I have had the pleasure of having him represent a family member and his work was above and beyond what any other attorney would have done. He will work with you where ever he can to get the best outcome. You can trust what he says. Very high ethics .I have called him my Perry Mason, and I really mean it. If you want THE BEST trust Jason Porter, he's real.- Carla B.
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The purpose of this letter is to express our appreciation for Jonathan Thacher's legal services associated with our daughter's case. Jonathan was and is always available for questions. If we left a message, he would always get back to us in a prompt fashion. It isn't easy to find such a capable lawyer who seems to be in the right job. He is caring and very attentive to us. No questions went unanswered. Jonathan made us feel comfortable and confident that he would work diligently on our behalf. In the end, we felt blessed that we had the right person to help us when we felt lost. I can't tell you how important it is to choose the right lawyers for your case. He certainly lifted a weight off our shoulder to know that Jonathan and the firm's staff were working for us and a good conclusion to our problem.- Edward & Sondra A.
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I am so incredibly grateful for picking Porter. Jonathan Thacher was definitely there when I needed a lawyer.- Sharon F.
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