Phase II DUI Investigation
Motion to Suppress Refusal, Observations, Video and all Other Evidence
Jurisdiction: County Court, Seventeenth Judicial Circuit, Broward County, Florida
Location of Stop: Broward County, Florida
Issues:
1) Did the officer have a reasonable suspicion that defendant was impaired sufficient to extend the length of a traffic stop into an investigatory detention?
2) Was defendant properly advised of Florida’s implied consent laws?
Major Case(s):
State:
1) Brye v. State of Florida, 927 So.2d 78, 81(Fla. 1st DCA 2006);
2) Popple v. State, 626 So.2d 185, 186(Fla. 1993);
3) Dees v. State, 564 So.2d 1166(Fla. 1st DCA 1990);
4) Department of Highway Safety and Motor Vehicles v. Guthrie, 662 So.2d 404(Fla. 1st DCA 1995);
5) Jones v State, 459 So.2d 1068, 1080(Fla. 2nd DCA 1984);
6) State v. Bertoni, Appellate Case No. 05-23AC10A(17th Cir. 2006);
7) State v. Medina-Moya, 8 Fla. L. Weekly Supp. 396 (Fla. 17th Circuit Ct., March 19, 2001);
8) State v. Anderson, 479 So.2d 816, 818(Fla. 4th DCA 1985);
9) Cresswell v. State, 564 So.2d 480 (Fla. 1990);
10) Taylor v. State, 625 So.2d 911, 912(Fla. 2nd DCA 1993);
11) State v. Taylor, 648 So.2d 701, 703-05(Fla. 1995).
Federal:
1) United States v. Mendenhall, 446 U.S. 544(1980);
2) Terry v. Ohio, 392 U.S. 1(1968).
Result: State reduced the charge to reckless driving with adjudication withheld. Provided by: Fort Lauderdale Criminal Attorney Daniel Rosenberg
Motion to Suppress: