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DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case.
Raphael was driving down South Federal Hwy when he got caught in a Fort Lauderdale Police Department speed trap. Having driven 50mph in a 35mph zone, Raphael could have anticipated that this run-of-the-mill traffic stop would end with a speeding ticket. But what he could not have expected was that he would end the night with a DUI charge. Luckily for Raphel, however, we were able to get his DUI charges dropped.
As if navigating life during the Covid-19 pandemic wasn’t stressful enough, Raphael was forced to juggle the additional anxiety of a potential DUI conviction. A first-time DUI offense in the state of Florida could mean a fine as high as $1,000, up to six months in jail, and 50 hours of community service. With steady employment already being such a large uncertainty, Raphael simply could not afford such consequences.
Raphael was leaving a local restaurant when he was caught speeding by Officer Isaac of the Fort Lauderdale Police Department. Having clocked Raphel going 50mph in a 35mph zone, Officer Issac promptly radioed Officer Dejo to relay the situation.
Officer Dejo, who was also a part of the speed trap operation, then went on to pull Raphael over. But rather than ending the routine traffic stop with an unlawful speed charge, Officer Dejo took the extra step of calling in a DUI Task Force Officer.
Officer James Carter of the FLPD DUI Task Force then had Raphael voluntarily submit to the performance of a variety of Field Sobriety Tasks. Shortly after they were conducted, Raphael found himself being handcuffed and on his way to local Broward County Breath Alcohol Testing (B.A.T.) facility.
The strategy for fighting Raphael’s DUI case focused on a challenge to the way in which Officer Carter conducted his investigation and obtained his “evidence.” In order for an officer to initiate a DUI investigation, it is first necessary that they have “probable cause” or reasonable suspicion for doing so. Officer Carter did not have the requisite cause, which thereby made his investigation and subsequent arrest unlawful. This legal issue allowed us to file a motion to suppress the evidence collected by Officer Carter which led to the DUI case getting dismissed and the charges reduced to reckless driving.
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Rossen Law Firm
