Photo of Ian F. Mann

The Name You Know.
The Name You Trust.

We have deep ties to the community, we have represented clients in Southwest Florida for more than 25 years.

The Name You
The Name You

We have deep ties to the community, we have represented clients in Southwest Florida for more than 25 years.

Photo of Ian F. Mann

Invalid traffic stops could lead to invalid DUI charges

An officer stopping you for a DUI in Florida is scary. The penalties associated with drunk driving are steep, and there is a lot at stake. Fortunately, there are laws and policies in place to protect the interests of motorists, including rules that state police must have valid grounds to make a traffic stop of a driver.

If you are facing a DUI charge after a traffic stop that you believe was not valid due to lack of reasonable suspicion, you can fight back. You may be able to challenge the circumstances of the original traffic stop and your arrest, protecting your interests and possibly shielding your future from unnecessary complications. Drunk driving is a serious criminal charge, and it is smart to make every effort to understand all of your defense options.

Was the traffic stop valid?

Law enforcement cannot stop any driver they want at any given time. There must be clear and valid reasons for making a stop, particularly for suspected drunk driving. This is reasonable suspicion, and without it, police cannot pull you over. Generally, in order to stop you for a possible DUI, law enforcement must clearly observe and identify behavior such as:

  • Driving at erratic and inconsistent speeds
  • Swerving or driving through an intersection without stopping
  • Hitting other vehicles or causing a car accident
  • Driving too slowly or braking frequently without reason
  • Making illegal turns or disregarding other rules of the road

If none of the typical triggers for reasonable suspicion was present, it is possible that your traffic stop was not valid. If a traffic stop is found to be invalid, it typically means that the prosecution cannot use the evidence from the traffic stop against you. This could lead to many things. In some cases, it might lead a dismissal of charges.

Confronting the case against you on the basis of lack of reasonable suspicion can be a difficult task. It could be an uphill battle, but you do not have to fight it alone. With experienced help, you may be able to protect your interests and challenge the validity of the DUI that is threatening your future and freedom.

Quick action for your defense

It is beneficial to take quick action to secure defensive help for a DUI. You may find it beneficial to take immediate steps to protect yourself as soon as possible after an arrest, especially when it appears there may have been a lack of reasonable suspicion. There is no need to wait, but the faster you start on your defense, the faster you can work to address the situation and protect your rights.


FindLaw Network

We’re conveniently located in downtown Fort Myers, just one block from the federal and state courthouses.

Practice Areas