Motion to Suppress All Evidence Granted
We were preparing for trial on a felony case. Our client had been stopped for DUI, but was later charged with Resisting Police with Violence when she got upset at the station. The original stop occurred because our client was lost in a remote area of North Port Florida. An officer in a police car saw her pull over a couple of times to try to figure out where she was, and lit her up with a spotlight when he did.
As the officer approached our client in her car, another police car pulled up, and our client felt that she was clearly not free to go. Since there had been no indication of any traffic offense or erratic driving, the Judge held that the traffic stop was unconstitutional. The evidence from the stop was tainted, and cannot be used in court.
It is possible that the State Attorney will decide to appeal the trial court order, but it is not likely. In all likelihood, this case will go into the "win" column when the State decides to dismiss it.
Practice area(s): DUI / DWI
Court: 12th Circuit Court-Sarasota County