Fort Myers, FL – DUI charges can be complex because there is usually a combination of traffic law, chemical evidence, and a separate administrative case for a license suspension that is handled by the Department of Highway Safety and Motor Vehicles. The license suspension case is not criminal, but the DUI charges brought by the state in Florida are criminal and they can result in jail time in some situations. All DUI cases carry the possibility of fines, probation, community service, license suspensions, and other conditions set by statute as mandatory minimums.
DUI checkpoints and related procedures
DUI checkpoints are a way that law enforcement agencies in Florida try to detect several intoxicated drivers over the span of several hours. While these detection and enforcement mechanisms are technically legal, courts in the state have held that there are very specific things that must be done for a stop at a DUI checkpoint to result in a legal arrest.
The location and times where a DUI checkpoint will be conducted are normally posted at some time before the operation begins through a formal press release, so that drivers can avoid additional traffic and other problems caused by stopping high volumes of vehicles.
The place where traffic stops will take place are supposed to be clear of debris and well lit, so as to not create any additional dangers. Especially when conducting field sobriety tests during a DUI stop, the suspect should have an area where they can reasonably attempt to comply with these requests without being injured.
A written checkpoint plan that complies with various laws and procedures must be introduced by the prosecutor who is assigned to cases for any criminal charges that result from the checkpoint to prove its validity.
Excluding evidence that was collected illegally
One of the main remedies available to a lawyer who finds problems with a DUI checkpoint is to file a motion to suppress illegally collected evidence. In criminal procedure, this type of motion excludes evidence that was collected as the result of an illegal search or seizure under the Fourth Amendment of the U.S. constitution. If a defense lawyer can get one of these motions granted by a judge, the state will often have much less evidence to make their case, and it is possible that the charges can be reduced or dismissed.
Finding out more about DUI cases in Florida
Anyone who has been charged with a DUI in the Fort Myers area should get legal assistance with their criminal case as soon as possible. Michael M. Raheb is an experienced lawyer who focuses on defending against DUI charges and related matters.
Firm contact info:
2423 First Street, Fort Myers, FL 33901