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Was speeding, charged with DUI, not the speeding, probable cause question!?

Plantation, FL |

I was stopped for speeding, and charged with DUI. The speeding charge was NOT filed. Do I have a case for lack of probable cause? (Also, I did not blow breathalizer, nor is there video of the road-side tests). Can I try to use this probable cause issue? Thanks!

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Attorney answers 5

Posted

Speeding is a traffic violation that was initial reason to stop your vehicle and for police to interact with you. Speeding provides probable cause for the stop and interaction only. If the speeding wan not cited or charged, that is not automatically a show-stopper. It's an argument, but it will be countered by what happened afterward. In other words, it is necessary to formally charge the incident that provided the probable cause for the initial interaction.

Investigating why the charge was not filed is probably more important. sometimes it is an oversight, but if there is another reason, like the initial stop is unsupported by sufficient evidence, then you do have a PC issue to argue. Officers can use visual estimations. I would say it would be most helpful to get the officer under oath and subject to defense inquiry, either via deposition or during a suppression hearing other method.

After pc, the next issue is reasonable suspicion of the crime of DUI. This is often found on very flimsy evidence. Really, evidence of mere consumption (bloodshot eyes, odor) should not be enough as it is not illegal to drink and drive, strictly, but only to drink and drive with faculties impaired. So, there should be some evidence of impairment to reach reasonable suspicion.

If the state satisfies all of those hurdles, then you must evaluate your trial chances. No video may be a good thing. Was there supposed to be one? Why wasn't there one - it could be exculpatory. No blow likely makes the state limit offers to settle, but then it provides no hard evidence for the jury to base a conviction on.

Speak with a qualified DUI attorney - these issues are complex and require time and work on behalf of your lawyer - if he or she knows how to do it thoroughly. It requires research, experience, motion drafting ability, in court argument and questioning, and plain old tenacious effort to get the best result. I wish you luck.

Posted

Depending on your JUdge you may have an argument that their was no reasonable suspicion to pul you over. Some JDuges state that the Officer can make a visual estimateof your spped and that is sufficient to stop someone. Just because the Officer did not cite you for the speed does not mean they did not have cause to stop you. Sounds like you have a very defensible case I would contact an attorney in your county to help advise you on fighting the charge.

Check out our webiste fightyourdui.com there is plenty of information on there.

Posted

Depending on your Judge you may have an argument that their was no reasonable suspicion to pull you over. Some Judges state that the Officer can make a visual estimate of your speed and that is sufficient to stop someone. Just because the Officer did not cite you for the speed does not mean they did not have cause to stop you. Sounds like you have a very defensible case I would contact an attorney in your county to help advise you on fighting the charge.

Check out our webiste fightyourdui.com there is plenty of information on there.

Posted

I apologize, but in my answer, at the end of the first paragraph, I meant to say it is NOT necessary to charge the initial reason for the stop.

Posted

When there is no predicate offense, the argument is often that any DUI evidence (in your case, merely the observations of the cop) is fruit from the poisonous tree. Since you're in Broward, you are welcome to contact Neil Kerch or Sebastian Balliro in my office to provide some more details and to discuss your chances: 954-463-9884.

Dennis Phillips, Esq.
866-INJURED / 866-ARRESTED
Balliro Seltzer, LLC

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