Home > Jacksonville DUI Lawyer > Unlawful Police Stops in Jacksonville
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 driving drunk or otherwise breaking the law for the police to validly stop you. Where police have overstepped, a skilled DUI lawyer will move to exclude evidence obtained in the unlawful police stop in Jacksonville. When the court approves the motion, the prosecution usually has no choice but to dismiss the case.
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.
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 have a hunch, which is an unfounded suspicion.
Other questions to ask when it comes to DUI checkpoints in Jacksonville 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?
We at Problems? Pick Porter!™ 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 of combined legal experience, we have successfully obtained many dismissals or acquittals of charges after unlawful police stops in Jacksonville.
We urge you to speak with a Jacksonville DUI attorney at the firm as soon after your arrest as possible.
