Unlawful Police Stops Serving Families Throughout Jacksonville For Over 25 Years

Unlawful Police Stops in Jacksonville

Put Approximately 100 Years of Combined Experience on Your Side Today

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.

Sobriety Checkpoints: Exception to the Rule

As an exception to the rule, police may set up sobriety checkpoints on holidays and special occasions to systematically stop motorists to check for sobriety. The Florida courts have ruled these stops are a valid use of the state power to control drunk driving. That does not mean though that police may stop anyone, anywhere to check sobriety. It must be part of a systematized check where many are stopped routinely. It may not be an isolated instance where a police officer has a hunch you are drunk driving just because you're driving a high performance vehicle or another arbitrary reason.

Unlawful Police Stops

In order for sobriety checkpoints to remain constitutional, law enforcement officials must follow very strict regulations and patterns for stopping cars. For example, police must determine beforehand that they are going to stop every "Nth" vehicle such as every 4th or 5th car. Law enforcement may not stop and question the driver of a vehicle simply because they had a hunch, which is an unfounded suspicion.

Other questions to ask when it comes to DUI checkpoints include: Was the roadblock properly marked? Was a police supervisor at the scene of the checkpoint to approve of how it was being conducted? Did a police supervisor approve of the type and nature of the checkpoint before it was implemented? Was your vehicle detained at length without valid cause?

Continue Reading Read Less

Pick Porter™ 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.

A Guided, Hands-On Approach
Step-by-Step Guidance for Any Legal Matter
A Compassionate Team
Your Story Matters - We're Here to Listen
Extensive Experience
Approximately 100 Years of Combined Legal Experience On Your Side
Award-Winning Counsel
Top-Rated Ethics & Legal Skill – AV Preeminent® Rating
Trusted & Recommended
Trusted by the Media & Recommended by Our Clients
Top-Rated Attorneys
Top-Rated Personal Injury, DUI, & Criminal Defense Lawyer

Hear From Our Happy Clients

Serving Jacksonville, FL Since 2004

"Although I hope to never need their services again, if I do, I will definitely be giving them a call."
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.
"Jason Porter is the best attorney in Jacksonville!"
Jason Porter is the best attorney in Jacksonville!! He has been there for me and my son several times. I have set down with Jason and talked about my concerns and he has always put my mind at ease and has always been there. In my opinion, there is no better attorney!!

- Sherry H.
"I love this law firm..."
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.
"Will definitely use them in the future if need be."
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.
"Thanks so much you guys!!!!"
This was my first time ever getting a lawyer, and I am extremely pleased with the service I received. They moved fast, and my case was dropped. I will definitely go back to them and highly recommend this great Firm!!!! Jason himself is a pleasure to speak with!!! He’s very nice, understanding, and down-to-earth. Thanks so much you guys!!!!

- B.M.
"You really took years of stress off my shoulder and I can finally have clarity in my mind."
Over the past month or so I had made a call to the Law offices of Jason Porter because I needed to resolve an issue that occurred over 7 years ago. Once I explained the situation the secretary sent me directly to Jonathan Thacher. All I can say is that Thacher did an amazing job handling my case and I am extremely happy right now. I no longer have to worry about that problem ever again thanks to Thacher. The work was effective and everything went through perfectly. Thank you so much man you really took years of stress off my shoulder and I can finally have clarity in my mind.

- Joshua S.
"Mr. Porter and his staff do an incredible job!"
Mr. Porter and his staff do an incredible job! I would strongly recommend Mr. Porter, he is very easy to work with and does everything he can to help you in your situation.

- N.B.
"I will definitely be using them again if I ever need to!"
First off let me say how much I love this law firm!!! My boyfriend was referred by a friend and I'm glad we listened! This was the first time we ever needed a lawyer and Richard Watson was INCREDIBLE! He knows his stuff and he doesn't settle for anything less than what we deserved! We loved talking to Bonnie when we called she was always so cheerful and helpful! I recommend YOU to choose this office!!!!!! I promise you won't be disappointed !!!! I will definitely be using them again if I ever need to!

- Sara B.

Read Reviews

Pick Porter!™ Today

A member of our team will be in touch shortly to confirm your contact details or address questions you may have.

*Motorcycle accident - $2,835,000
$1,502,500 Premises Liability - $1,502,500
Bodily Injury Claim
*Wrongful Death - $1,000,000
Settled *Estate of Fred Fedorka
Largest settlement ever against Volusia County.
*Medical Malpractice - $500,000

View All Results