Altamonte Dui Dismissed After Trooper’s Bad Stop
Case: State of Florida vs. XX, Seminole County, Sanford, Floridac
Judge: The Honorable Mark E. Herr
Charges: Driving Under the Influence
Arresting Agency: Florida Highway Patrol
Facts: XX was driving home in the early morning hours when a Florida Highway Patrolman stopped his vehicle. Upon stopping XX the Trooper stated the reason for said stop was that XX's license was suspended. Shortly after the Trooper admitted to XX he read his license plate wrong and XX ended up having a valid license. Nonetheless, the Trooper decided to arrest XX for DUI after allegedly observing the "usual" indicators of DUI.
Defense: Ryan immediately filed a motion to suppress based on the Troopers unconstitutional stop of DW's vehicle due to lack of probable cause. The Trooper refused to appear at the hearing and upon request Judge Herr dismissed the case and DW walked out the court house a free man.
Result: DUI dismissed