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Case Results

Motion to Suppress Evidence Granted.

October 2016

The Court's order granting our Motion to Suppress.

Our client was minding his own business driving home, when he ran a light "on the yellow."  In other words, he tried to get in just as the light was turning red.  Nearby, an off-duty police officer from another jurisdiction saw him, and decided to conduct a traffic investigation, even though he had no legal authority to do it outside his home city.

The traffic investigation turned into a DUI investigation, and our client wound up being arrested.  But his initial stop was illegal.  We filed a motion to suppress the evidence against him, and the hearing was held September 29.  There were really no facts in dispute, since the entire exchange was recorded on the officer's video recorder.  

The incident lasted about twenty seconds from the time our client entered the intersection until the officer turned on his overhead lights to stop him.  The only question was: did this officer have enough evidence to make a citizen's arrest based solely on running a red light.

The answer is no.  And on October 5, we received news that the court had granted our motion to suppress evidence, and ordered that the State may not use any evidence which was obtained as a result of the unlawful traffic stop.  Another reminder that eternal vigilance is the cost of our freedoms.  

Practice area(s): DUI / DWI

Court: Manatee County Court

Tom Hudson

Known nationwide as a leading DUI defense lawyer, Tom has tried over 350 jury trials, including numerous death penalty cases. He now limits his criminal practice to DUI defense. His civil practice is devoted to getting fair compensation for the victims of negligence. Tom has attained multiple verdicts and settlements in excess of $1 million, and is a Life Member of the Multi-Million Dollar Advocates Forum. In 2008, Tom Hudson passed the National Board Certification Test for DUI Attorneys in Honolulu, Hawaii. NOTE: The State of Florida does not yet recognize DUI defense as a Specialty.

Why We're Different

Board Certification as a DUI Specialist by the National College for DUI Defense. Formal NHTSA Certification as an Instructor of the Standardized Field Sobriety Tests given by police in DUI cases. Formal training as a NHTSA Drug Recognition Evaluator. ("Drug Evaluation & Classification") Formal training to operate the Intoxilyzer 8000, Florida's official breath test instrument. Extensive experience in teaching other attorneys how to handle DUI cases. Hundreds of jury trials both as defense lawyer and as prosecutor.