http://great-smoky-mountains-park.org/general-information/history-culture/ Motion to Suppress No Probable Cause for Traffic Stop
Jurisdiction: County Court, Broward County, Florida
Location of Incident: Coral Springs, FL
http://thelibertychronicle.com/our-other-dying-constitution/ Issues: Did the police officer have probable cause to stop defendant’s vehicle for a violation of Florida Statute 316.089(1), failure to maintain a single lane, when crossing the lane line did not interfere with any other traffic?
Notes regarding this particular motion: This motion to suppress was successfully used in a case which did not involve DUI. However, purported lane weaving violations are frequently used as the basis for a DUI stop. Although laws in your individual jurisdiction may be different, multiple jurisdictions have case law holding that crossing a lane line is not a strict liability offense. I have successfully made the arguments contained in this motion in Florida and North Carolina.
1) Whren v. United States, 517 U.S. 806, 809-10(1996)
1) Jordan v. State, 831 So.2d 1241 (Fla. 5th DCA 2002);
2) Crooks v. State, 710 So.2d 1041 (Fla. 2nd DCA 1988);
3) Florida v. Lee, WL 1372731 at 2 (Fl. 5th DCA 2007);
4) Holland v. State, 696 So.2d 757, 795 (Fla. 1997);
5) Jordan v. State, 831 So.2d 1241 1242-43 (Fla. 5th DCA 2002);
6) State v. Kindle, 782 So.2d 971 (Fla. 5th DCA 2001).
Result: Case dismissed.