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    Re: DUI: The Stop

    Posted by Jeff T. Gorman on 6/20/12

    As a fellow attorney, you know as well as anyone that the
    validity of traffic stops can frequently be called into
    question. I see that a lot of your clients are pulled over
    due to equipment violations -- but in my area, the police tend
    to pull people over for minor traffic infractions. Examples
    would include illegal u-turn, not coming to a complete stop,
    crossing the solid white line at an intersection, etc.

    It then becomes a matter of technicality; was the black-letter
    of the statute violated? Often, if you first depose the
    officer to get every detail possible and then get good
    testimony for usage in a motion to suppress, you can prove the
    invalidity of these sham traffic stops.

    On 2/15/12, Kevin Pitts wrote:
    > 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
    > specific requirements.
    > 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
    > valid many other areas can be challenged.

    Criminal Defense Stuart FL

    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.

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