Post: DUI: The Stop
Posted by Kevin Pitts on 2/15/12
The initial phase of a DUI case is the traffic stop. This is
a heavily litigated area because if it is an illegal stop
your case is going away. Suppressing the stop is like
cutting the head off of a snake. Suppressing the breath test
is like cutting the tail off.
What you can do to reduce the risk of a traffic stop is make
sure all your lights are working and do not speed or drive
below the posted minimum. Probably half of my DUI clients
come from equipment issues like license plate lights and
headlights not working. Many of the rest come from speeding.
Some of the common remaining stops come from weaving,
crossing the center line, careless driving and illegal
u-turns. Driving pattern stops, wide turns u-turns and
failing to maintain a single lane can be challenged and have
Crash cases can also be challenged and can be more difficult
to prosecute. The accident report privilege can cause proof
issues. The accident report privilege is waived in leaving
the scene of an accident DUI cases. Speeding stops are
difficult to suppress. If you are going to a bar or liquor
store make sure your lights are working because police are
looking for easy stops in those areas. These can be
difficult stops for a DUI attorney to contest but they are
also preventable. If the stop is not suppressed the case is
not over but it is one of the easier challenges for a DUI
attorney to win. Driving pattern stops are much easier to
defend in DUI cases.
The average DUI conviction will cost over $5,000 without
attorney’s fees. A tag light costs around $1. If the stop is
valid many other areas can be challenged.
Daytona Beach DUI Attorney
Posts on this thread, including this one
- DUI: The Stop, 2/15/12, by Kevin Pitts.
- Re: DUI: The Stop, 6/20/12, by Jeff T. Gorman.