Legal Question in Criminal Law in Florida

suspicion of driving under the influence

Can one be arrested for merely suspicion?

What happened to probable cause?


Asked on 9/25/07, 7:35 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: suspicion of driving under the influence

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If an officer has good reasons for his/her suspicion, then he/she is allowed to stop a car. To justify a warrantless stop an officer must have an articulable, reasonable suspicion that a violation of the law has occurred. Brown v. State, 719 So. 2d 1243, 1245 (Fla. 5th DCA 1998).

Scott R. Jay, Esq.

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Answered on 9/25/07, 10:47 pm


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