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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The receptionist was fully informed and took care of the situation for Mr.Porter.- F.R.
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I retained The Law Offices of Jason K.S. Porter, P.A. a few years back. They were honest, personable, reasonable, and effective. I would recommend a consultation for any legal matter. If it is out of their field of expertise, they will advise you of that as well.- Lido B.
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Jason Porter is an excellent attorney. I'm very happy with the results. he saved me money and solved my problem.- John P.
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Retain them you’re in great hands! They will get the job done. Got my case dismissed. Will definitely use them in the future if need be.- T.R.
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After our meeting in person, I was absolutely pleased in choosing The Porter Law Firm to represent my Deaf sister in her auto accident injury case!!! We look forward to working with Mr. Watson...who is a very, very kind, respectful, and informative Attorne- S.N.
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Hi my name is Nina and I am writing this review for the public to know that Marlene Hordkin she is an excellent attorney she will go to bat for you. She is compassionate , intelligent , has morals and values she will go the distance to see that your voice is heard and that your case is presented clearly before a judge and that all the evidence is brought into light. Mrs. Hordkin is an amazing woman and an attorney and if you ever need help I suggest that you call her immediately. I want to personally thank you again Marlene you are amazing and the world needs more like you. God bless you!- Nina B.
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