Broward County DUI Lawyer & The Stopping Officer
DUI lawyers in Broward County routinely analyze fact patterns establishing the basis for the stop in each of their individual cases. This is because a bad stop usually leads to a dismissal of the DUI charges. In a great majority of Fort Lauderdale DUI cases, the police officer making the initial stop is assigned to road patrol.
Broward County DUI lawyers understand that patrol officers who work in the traffic division are responsible for the enforcement of motor vehicle laws and as a consequence, effectuate nine out of ten DUI investigations. These officers enforce driving regulations and investigate traffic accidents. Two methods of enforcing violations of speeding statutes is use of the radar gun (which is actually a laser) and pace clocking. Considering that the officer initially conducting a traffic stop must have a legal basis to do so, many believe that insufficient prior calibration of the speedometer or radar gun will result in an illegal stop for purposes of Fort Lauderdale DUI defense. While such shortcomings will definitely get you out of the ticket that ultimately led to a DUI arrest, such facts will not be the proverbial “get out of jail free card.” Where an officer can show that they had a good faith belief that a traffic infraction had been committed, a stop is considered legal. Likewise, having a defense to the traffic ticket, does not equate to a defense to the DUI.
As a rule, patrol officers know that it is much more difficult to establish that he or she formulated the opinion that a driver was impaired based on their driving pattern alone. Consequently, in almost every case, the stopping officer cites some violation of traffic laws in conjunction with a peculiar driving pattern. Broward County DUI Lawyers are all too familiar with the manner in which experienced road patrol officers will refuse to admit that they became pre-disposed to believe that a driver was under the influence when they saw him or her operating a motor vehicle in a manner that seemed suspicious. Nonetheless, Fort Lauderdale patrol officers are trained observers, and they're not easily deceived when driving behind a drunk driver. They're taught to be aware of certain signs that show a person is driving while intoxicated or under the influence of drugs. Some of the indicators of a drunk driver include:
• crossing the center line
• weaving within the travel lane
• excessive braking
• failing to dim headlights when meeting oncoming cars • driving somewhere other than a designated roadway • straddling the center line
• stopping in the middle of the roadway for no apparent reason
• almost striking other cars or stationary objects • driving with headlights off
• traveling above or below the specified speed limit
Even where all of these indicators are present, however, a Broward County DUI Lawyer would be hard pressed to get a seasoned officer to admit that he or she was able to determine that an individual was impaired based on a driving pattern. Doing so only invites a valid basis for a motion to suppress to be filed by that suspects future DUI attorney.
