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Case Results

Motion to Suppress Evidence Granted.

December 2015

The lane markers approaching U.S. 41 at University.

Our client was returning home from entertaining clients. A trooper began following him as he left a nightclub, and followed him over a mile, with his dash cam rolling.  The video showed that our client's driving was fine. The trooper had no more than a hunch about impairment, and so he claimed that he made the traffic stop for "failure to obey a traffic control device."

As our client approached U.S. 41 on University Parkway, he changed lanes to go straight through that intersection, rather than turning left. He signaled before he changed lines, but he crossed the solid white lines on the pavement. The trooper mistakenly believed that it was a traffic offense to cross those solid white lines. And so, the trooper stopped our client.

In researching our Motion to Suppress, we went to the source: The Manual of Uniform Traffic Control Devices, which gives the specifications and meanings for all traffic signs, road markers and signals. And according to the Manual, the single double line approaching an intersection is a signal that lane changes are permitted, but discouraged unless they can be done safely. To completely prohibit lane changes, TWO solid lines are required.

Our client properly signaled and did not affect any other traffic in changing his lane as he approached U.S. 41. Therefore, he did not violate the law. The traffic stop was unlawful, and the products of the stop are not admissible in court.  

Practice area(s): DUI / DWI

Court: Sarasota 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.