The Defendant was driving his vehicle at night when a police officer with the Boca Raton Police Department stopped him for failing to stop at a stop bar. The Officer gave the defendant a warning for failing to obey a traffic control device. After running the Defendant’s license, the Officer found that it was suspended for 5 years due to 2 DUI convictions within 5 years. The Defendant’s license was still suspended and he did not have a hardship license nor an interlock on his vehicle. The State of Florida offered the defendant forty-five days in the Palm Beach County Jail in exchange for a guilty plea. The firm took the deposition of the police officer to determine what facts the officer had to support his probable cause. The officer could not recall whether he was behind the defendant or to the side of him. He could not recall how far past the stop bar the defendant was parked. He could not recall whether there was a crosswalk or any pedestrians in the road. The Firm then filed a motion to suppress arguing that the Defendant was stopped without probable cause of a traffic infraction. The Judge granted the motion and the State dropped the charges.
DUI & Criminal Division
