MAXIMUM PENALTY: 6 months incarceration
ISSUES: The client was stopped after failing to stop at a stop light. She had not performed well during the roadside exercises and was arrested. She refused the breath test. After reviewing the footage of the stop of her vehicle it was apparent that while she did not stop at the “stop bar” in the road, there was no crosswalk, so by law (Florida Statute 316.075(1)(c)(1)) she only had to stop before the roads of the intersection would actually intersect. The firm filed a motion to suppress all evidence flowing from the unlawful seizure of the client, by virtue of pulling her vehicle over for the officer’s mistake of law.
OUTCOME: After reviewing the motion to suppress, the State conceded to the motion and dropped the charges.