Legal Question in DUI Law in Florida

Re: Suspicion for DUI

Well, in Florida there wouldn't be any good argument against a stop for this. Most judges would deny any defendant's motion. Sure, the facts show that the defendant was failing to maintain a single lane, however, even if this infraction was not ticketed, the defendant's actions also show possible impairment; so on its face this seems hard to argue the stop was invalid. However,legal arguments really depend on the facts. Was the defendant's driving/weaving slow, or did it seem like he was he driving in and out of traffic at a fair rate of speed not giving any reasonable suspicion of intoxicated driving albeit illegal driving. If that's the case, I would argue that there is no way a reasonable officer in that situation would believe my client to be DUI, and since the stop was only based on suspected DUI that the evidence gained as a result should be suppressed.