Florida DUI Lawyer Attorney Law Firm

Illegal Traffic Stop Thwarts DUI Prosecution

Articles / News
Posted by dpakula on Nov 19, 2008 - 10:08 AM

Our client blew well over the legal limit of 0.08 BAC, according to the breath test affidavit. Nonetheless, the State Attorney dropped the charges after we successfully challenged the legality of the traffic stop. Our client was stopped for driving at night without headlights turned on. After the ensuing investigation, our client was arrested for DUI. During the suppression hearing, the State was unable to prove that the headlights were off for a significant period of time. Therefore, the judge granted our motion to suppress, effectively preventing the State from using its DUI investigation results at trial. Subsequently, the State issued a nolle prosse.

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