Most DUI (driving under the influence of alcohol or drugs) cases in Florida start with a traffic stop. A police officer will allege that he/she saw a driver commit some sort of traffic infraction. The police officer will pull the driver over. If the police officer believes the driver is impaired from alcohol or drugs, the police officer will initiate a DUI investigation. However, if the DUI arrest is valid, it must start with a legal basis for the initial traffic stop. If the police officer did not have a lawful reason to stop the driver, it is likely that the DUI case will be thrown out in court.
In a case near Jacksonville, Florida, a police officer was on patrol when he heard the defendant honk his horn several times without any apparent reason. The police officer conducted a traffic stop and gave the driver a ticket for improper use of his horn. The police officer then detained the driver for a DUI investigation because he found his conduct suspicious after the traffic stop. This DUI investigation ultimately resulted in a DUI arrest.
The criminal defense lawyer filed a motion to suppress based on the argument that the initial traffic stop was not lawful. Florida law requires every motor vehicle to have a horn in good working order and for drivers to use it to ensure the safe operation of the vehicle. The statute does not prohibit the use of the horn for any particular reason. A police officer does have the right to stop a driver for a legitimate public safety reason, but none existed in this case. Therefore, the stop would only be valid if the defendant had violated some traffic law. Honking one’s horn for no apparent reason is not such a violation. As a result the traffic stop was not lawful.
Since the initial traffic stop was illegal, the arrest of the defendant for DUI was also illegal. Therefore, the DUI charge was thrown out.