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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One night I was awaken by a phone call that my son was in jail, I thought I was having a nightmare. I knew the charges were false but knew we faced a difficult road ahead to prove his innocence. The charges against him could have been enough to have caused him to lose his children, as well as his job and ruin any further career opportunities. He could have served time and had a felony on his record. . We were so lucky to find the law offices of Jason Porter. They came highly recommended and were rated high on the AVVO site. We were scheduled for an appointment the day we called and greeted openly but candidly with the facts of what could happen. He already had the police report and had a pretty good picture of what happen before we even opened our mouth. Jason put us at ease and explained how things would work and assured my son he would do his best to protect him and his good name and to get the charges dropped or reduced to the minimum he assured him he would not make him settle for something he did not do. He was not afraid to take it to trail if that’s what needed to happen. We felt good after hearing his trial record. Gary Shumard also in the office was involved in the day to day dealing of the court appearances and trying to keep it out of trial. He spoke for my son and there were several court appearances. My son was able to work and carry on his normal day because of Gary. During the six month process my son only had to attend one court appearance and that was only because the other side tried again to file additional fraudulent charges against him however, they were immediately dismissed thanks to Gary. In the end they wanted to drop the charges to a misdemeanor; but my son didn’t want anything on his record because he was not guilty! Gary had reviewed their evidence and my son’s evidence and in the end, after six months Gary was able to keep my son’s a record clean. Gary fought hard, gathering evidence and challenging the opposing side with professionalism and knowledge. I feel sure that due to his expertise we were able to avoid a long drawn out trail and more legal expenses. Gary works hard and is at the court house it seems almost every day working for his clients, he is a dedicated attorney with knowledge, and proficiency in handling the law he gathers evidence astutely and reviews both sides he has the ability to present his findings in a very comfortable but clever way. The day the findings came down I think he was almost as happy as we were. He had a right to be it’s like climbing a mountain and getting to the top you know you deserve the view. This law office is wonderful from the secretary who answers the phone, the legal assistants, and everyone in between. We trust this law firm and believe in them with any legal matter they we may have ever!! Richard & Diane Bornstein- Diane and Richard
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Two very scary DUI cases in my life. The first involved a wreck, the second with a very high BAC. Jason Porter and Gary Shumard, you are both so very amazing and you have saved me so much havoc on these cases. Reduced to reckless on the first, and on the second, saved me from having the interlock system order in my car, another 10 days of immobilization, and more jail time. From the beginning, these two kept my anxieties calm through this process and the outcomes took all that load off. If you are financially strapped, trust me, they will work with you on that too. Sincerely.- Gale B.
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I meet with Mr. Porter today, he was so helpful with my situation. He was kind and should true compassion for this situation. He gave me information I have not been able to get anywhere else and I have tried. He gave me hope that there is light at the end of this tunnel. I have a much better understanding of what I need to do and how to proceed with this situation. I am grateful that Mr. Porter gave me the time and attention that he did today. I would encourage anyone needing help in a criminal case, no matter how big or small go and see Mr. Porter, I can assure you that you will not be disappointed. Mr. Porter thank you for your time today and all of the information you provided me with, it is appreciated beyond belief.- Rena P.
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"Bad things happen to good families and people” That is one of the first things Jason said to me and my son. The laws are set to protect us. However, the law can be black and white when there are several shades of grey. If a man has a beer in his own house after coming back from war but is only 20, should his dad be charged for contributing to the delinquency of a minor? Have you ever done something now looking back, it may not have been the best decision but nothing happened? That was not the case a few years ago to my family. A bad decision, one I am sure many of us have done in our younger days. A bad decision was made and it could have ruined a young man’s future. The courts are busy and things can fall through the cracks; I was making sure my son was not one of them. I knew Jason had worked for the District attorney’s office so he knew both sides of the law. He knew what the other side was going to do and say because he was there for many years. He prepared our family through each and every step. He made sure that we were proactive “getting ducks in a row” so to speak. If there was something mentioned, we had already taken care of it and showed no history and really no where for the other side to go. What could have been jail time ended up being a bump in the road. No one can promise anything is a sure thing. Jason did not make any promises he was not prepared to keep. He told us what normally happens, and what he was going to try for and he did. I rather have someone say there is a 70/30 chance than, “sure this is no problem, don’t worry about it”. We do worry about it. It is our lives or one of someone we love. Some cases may not be life or death, but they all are between a life that could be and a life that never will be. Jason understands that and approached it as if was his brother standing next to him. Every now and then, I will look at my son when eating dinner or something and think, if it was not for Jason and his group, I would have to visit my son to see him. I thanked God for Jason being there then, and have every day since.
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I have been a client of the law firm since 2003. Every time I have "Picked Porter" I have received ethical advice and excellent legal representation. There has been times I have been referred outside of the law firm and the referrals have always been sound and very appropriate to the overall situation. The law firms family law, personal injury and criminal defense attorneys are well versed in their specialty and are very professional. If you have a problem, Pick Porter.- Nicholas H.
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We had the absolute best experience working with Mr. Porter’s office. Our daughter was severely hurt last summer due to someone else’s negligence and we won our settlement! We were extremely happy with this law firm!!!!! Dani is also the best paralegal and she was wonderful to work with and very prompt with all my emails and questions I had! Thank you guys so much!!- M.M.
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Jason and his legal team were great in handling my case, I was kept informed of everything that was going and had any and all questions answered.- Paul Maloney
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I have had several cases with Mr. Porter as my attorney. He went to bat for me and fought hard to get a great outcome every time! He is a top-notch attorney in Jacksonville and very professional & honest when dealing with each scenario of my cases. My life is in a much better place today because of Jason's integrity within the community and relationships with the judges & state attorneys.- Josh C.
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