Legal Question in Criminal Law in Florida

Was this legal?

I was driving to seven eleven one night.. I pulled up and went in. When I came back out a cop that had been harrassing me for 2 weeks now pulled up and asked if my liscense was legal yet.I said I was not driving the keys are not in the ignition he puts me in handcuffs and sends me to jail for DWLS


Asked on 12/18/08, 12:28 am

2 Answers from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: Was this legal?

Yes if he saw you pull in.

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Answered on 12/18/08, 7:05 am
Joseph Vredevelt Best Vredevelt & Associates

Re: Was this legal?

There is a possibility that this arrest was legal, but only if the officer actually saw you driving. If he did not see you driving then the arrest/seizure would be invalid and the case would most likely be dismissed. It would be very important to question the cop extensively on where he was positioned and what he observed. Most likely he will say that he saw you driving, but given your past experiences with him, you may have an argument. If this occurred in the Miami area give my offices a call and we can discuss any further questions you may have. All My Best, Joe Vredevelt

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Answered on 12/18/08, 2:37 pm


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