Gainesville DUI Traffic Stop Defense Attorney
There are many possible defenses to driving under the influence (DUI) in Florida, and many of these involve challenging the traffic stop. Law enforcement has very strict requirements regarding when they can pull a person over, and even what they can do once they have started questioning a driver. If you have been charged with a DUI, it is important to speak to a Gainesville DUI traffic stop defense attorney, even if you believe the stop was lawful.
Our Attorney Can Determine if Police had Reasonable Suspicion
Law enforcement officers are not allowed to stop motorists at any time, or for any reason. To pull you over for a suspected DUI, they must have reasonable suspicion that you have committed a crime, or that you are committing a crime. This means that a police officer must have reason to suspect you were driving under the influence. Actions that could lead an officer to having reasonable suspicion include weaving in and out of lanes, driving too slowly or too quickly, or otherwise acting erratically on the road.
If an officer did not have reason to suspect that you were driving while impaired, but they stopped you anyway, anything that happened after the stop can be challenged. This means a attorney will contest any evidence obtained, or tests administered, which could result in important evidence being thrown out and unable to be used against you.
Our Attorney Can Determine if Police had Probable Cause
A law enforcement’s limitations do not end once they have legally pulled someone over on a suspected DUI. Once the officer has stopped a driver, they must have probable cause before they can make a DUI arrest. If the officer saw open containers of alcohol in the vehicle, or they smelled alcohol on your breath, those can all give the officer probable cause. However, refusing to answer a police officer’s questions, such as how much you have had to drink, is not enough to rise to the level of probable cause.
Our Attorney Will Challenge Breath Test Results
If police have pulled you over for a suspected DUI and they ask you to take a breath test or other chemical test, you are required by law to submit to it. If you do not, your driver’s license will be automatically suspended under the state’s implied consent laws, even if you are cleared of the DUI charges.
However, if police did not have reasonable suspicion or probable cause to stop or arrest you, the tests of the results can be thrown out of court. Even if the stop was legal, our attorney has successfully challenged breath tests results so they were not admissible in court.
Our DUI Traffic Stop Defense Attorney in Gainesville Can Help You Beat the Charges
DUI charges are very serious but our Gainesville DUI traffic stop defense attorney at Meldon Law can provide the strong legal defense you need. Call us today at 800-373-8000 or contact us online to schedule a free consultation.