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Was My Car Lawfully Stopped?

The circumstances which surround a DUI arrest have different considerations. Typically, in the officer’s police report, he or she will claim that you committed a traffic violation or that you drove erratically before the officer stopped you, and that those events gave him or her grounds for the stop. Again, whatever the actual circumstances, the officer’s intervention will be critical to outcome of your case! If the court finds the officer’s report of those events to be legally insufficient, your case may be dismissed regardless of your performance on either the field sobriety tests or the breathalyzer test.

• “Yes, the officer both charged me with DUI and cited me with an infraction.”
• We can challenge the grounds for the infraction itself.

The police can, however, arrest you for DUI without issuing you a traffic citation. Perhaps the officer may have found you parked and asleep behind the wheel. If that is the case choose one of the following scenarios:

Stopped for Your Driving Pattern, but No Traffic Citation?

“Yes, the officer did stop me without issuing a citation.”

The officer may claim that, while your driving pattern did not warrant a citation, it was consistent with the driving pattern of someone who was impaired by alcohol.

As stated earlier, the court find could also find in this case that the officer’s report of those events to be legally insufficient. Again, your case may be dismissed regardless of your performance on either the field sobriety tests or the breathalyzer test.

Arrested by the Police while You Were Parked?

If you were not stopped for a traffic violation, but the officer did found you behind the wheel of a car that was parked, and ultimately he or she did arrest you for DUI, then you should answer these set of questions:

• Did the officer find me asleep behind the wheel with the car parked?
• Were the keys in the ignition?
• Was the car running?
• Was the window down?
• Did the officer order me out of the vehicle, or did I come out voluntarily?

Ultimately, a number of issues could determine whether that stop was legally justified or not, which is why it is vital that you consult with us as soon as possible. Contact the Criminal Defense Group today for a free consultation and more information.

Criminal Defense Attorney, William W. Hanlon, located in Tampa, Florida, defends the rights of clients throughout Hillsborough County, De Soto County, Hardee County, Highlands County, Manatee County, Pasco County, Pinellas County, Polk County, and Sarasota County in West Central Florida and the Gulf Coast. This includes Tampa Bay Area, Arcadia, Bartow, Bradenton, Carrabelle, Clearwater, Dade City, Hillsboro, Lakeland, Newport, Orlando, Pinellas Park, Plant City, Sarasota, Sebring, St. Petersburg, Temple Terrace, Venice and Winter Haven.