What motion motion fill in florida courts to contest stop which lead to dui arrest..

Asked over 4 years ago - Groveland, FL

i was pulled over for speeding but not given a speeding ticket along with the dui.

Attorney answers (2)

  1. Lloyd Harris Golburgh

    Contributor Level 11

    Answered . if you were arrested, the officer does not have to give you a citation for speeding. he can simply note it in his probable cause affidavit. as far as which motion to file, it would be called a motion to suppress based on some sort of violation against your right to unreasonable or illegal search and/or seizure. you'll need a lawyer to determine if you have such a motion.

  2. Michael Alexander Misa

    Contributor Level 12

    Answered . The law requires law enforcement to have a reasonable basis for stopping you. Any traffic infraction is sufficient. The most important question is whether the speeding is alleged and how. That forms the basisi for the stop and subsequent DUI investigation. The police don't have to write you a ticket for the speeding just allege that was the basis. Interesting issue on a motion to suppress once Discovery is reviewed, would be why they allege speeding,i.e. radar, pace?? May good issue to raise on a motion, but if not makes for a good Jury question in Trial. If your such a menace why not cite you for the speed, or was it just a way to arrest you for the DUI. Next, your attorney needs to look at the DUI itself. Triable?? not triable?? Good luck you may have a good case to defend when all the facts are known!!

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