Traffic Stops In Florida: Know Your Rights And Legal Protections

The police must have reasonable suspicion to pull you over and need probable cause to make an arrest. Sometimes, officers pull drivers over with minimal suspicion (or none at all) and use that traffic stop to develop the probable cause they need for more serious charges like DUI. If a breath test shows your blood alcohol content (BAC) to be .08 or more, they now have a strong DUI case against you, all based on a traffic stop that may have been questionable from the beginning.

Legal terms like “reasonable suspicion” and “probable cause” play a significant role in arrests or trials based on traffic stops. At Karatinos Law, PLLC, attorney Keeley Karatinos focuses on defending clients throughout Pasco, Sumter and Hernando counties against charges stemming from questionable stops. She thoroughly investigates all circumstances surrounding traffic stops that lead to arrests. If the reasons for the stop were groundless or if law enforcement conduct during the stop exceeded acceptable boundaries, she fights to uphold the law, protect your rights and have your case dismissed.

What Counts As Reasonable Suspicion To Investigate You For DUI In Florida?

To investigate you for suspicion of DUI, the police need reasonable suspicion that you were driving or in actual physical control of a vehicle while impaired. This suspicion can be based on observation of one or more “indicators of impairment” established by law enforcement guidelines.

Understanding the threshold for reasonable suspicion is crucial for evaluating the legality of your traffic stop. Florida courts have consistently held that reasonable suspicion must be based on specific, articulable facts – not mere hunches or stereotypes. Time of day (such as late-night stops near bars) alone is insufficient. The officer must observe actual driving behavior or other objective indicators suggesting impairment. Additionally, anonymous tips typically require police corroboration before justifying a stop. Many successful DUI defenses begin by challenging this fundamental requirement, as evidence obtained from an unlawful stop – no matter how incriminating – may be excluded from court proceedings under the “fruit of the poisonous tree” doctrine. This constitutional protection serves as a powerful check against unlawful police stops and investigations.

NHTSA Indicators Of Impairment

The National Highway Traffic Safety Administration (NHTSA) created a training guide for police officers called The Visual Detection of DWI Motorists. Through research and field studies, they identified 24 driving cues grouped into four broad categories:

• Maintaining proper lane position: Weaving in the lane or across lanes, straddling the lane line, swerving, turning with a wide radius or drifting
• Speed and braking: Stopping too short before or too far into an intersection, driving with varying speed or driving too slowly
• Vigilance: Responding slowly to traffic signal changes, offering a slow response to officer signals to pull over, driving without headlights at night or failing to signal a turn or lane change
• Judgment: Following too close, improper turn or lane change or stopping inappropriately in response to officer commands to pull over

By the NHTSA’s own admission, these cues accurately predict that someone is DUI as little as 35% of the time. Different cues carry different weights, and the presence of more than one cue raises the probability that the driver may be impaired. However, many of these cues could result from fatigue, distraction, momentary lapses in attention or simple forgetfulness rather than intoxication.

Post-Stop Cues For DUI

Police do not need to suspect you of driving under the influence to pull you over initially. You can be stopped for an outstanding warrant, vehicle equipment violation such as a broken taillight or any moving violation like speeding or failing to signal. Once stopped, officers may look for indicators of possible impairment, including:

• Displaying difficulty with motor vehicle controls
• Showing difficulty exiting the vehicle
• Fumbling with license or registration
• Repeating questions or comments
• Being slow to respond to officer questions or commands
• Odor of alcohol or other substances
• Slurred speech or unusual communication patterns
• Glassy or bloodshot eyes

Officers use these observations to establish probable cause for further testing. These post-stop cues are frequently documented in police reports and become central components of the prosecution’s case. However, many of these indicators have innocent explanations, such as nervousness, medical conditions or fatigue, providing potential avenues for defense challenges during legal proceedings.

DUI Breath Tests And Legal Consequences

If police believe they have cause to administer a breath test, Florida’s implied consent law means you have already agreed to submit to this test when you received your driver’s license. Refusing the test results in immediate license suspension. The refusal also removes potential evidence that could either be used to convict you or exonerate you, depending on the test results.

While Florida law requires you to take a chemical breath test when lawfully ordered, you are not required to submit to field sobriety tests, though officers often present them as mandatory. These roadside tests (walking a line, standing on one leg, eye tracking tests) are used to build probable cause for breath testing. You may decline field sobriety tests without an automatic license suspension, though your refusal may still be noted as evidence.

Challenging Invalid Traffic Stops

If police pulled you over without reasonable suspicion or other legal grounds, or administered breath testing without adequate probable cause, an experienced lawyer knows the legal procedures to challenge these actions. Attorney Karatinos examines all circumstances surrounding traffic stops and builds strategic defenses to challenge:

• The legal basis for the initial stop
• Whether the officer had reasonable suspicion or probable cause
• If proper procedures were followed during the investigation
• Whether testing equipment was properly calibrated and maintained
• If your constitutional rights were respected throughout the encounter

Successfully challenging any of these elements can significantly impact evidence admissibility and may lead to case dismissal or reduced charges.

The Importance Of Experienced Legal Representation

The consequences of charges stemming from traffic stops can severely impact your driving privileges, employment opportunities and personal freedom. Attorney Keeley Karatinos approaches each case with meticulous attention to detail and commitment to exploring every available defense strategy. Her ability to communicate in Spanish and Russian also allows her to represent clients who might face language barriers with other attorneys.

Contact A Florida Traffic Stop Attorney

For help after a questionable stop that led to serious charges in Pasco, Sumter or Hernando counties, call 352-405-0537 to schedule a free case evaluation or reach out through our online contact form.