Legal Question in Traffic Law in Florida

Re: Conducting a lawful stop?

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.

It will be up to your friend's attorney to challenge the stop and whether or not it was lawful. They can illicit testimony of the officers and any witnesses including the driver. If there are any inconsistencies, the court may not believe the officers. This is where a good lawyer excels and distinguishes himself or herself from a novice.

Scott R. Jay, Esq.