Unlawful Police Stops & DUI Defence
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DUI
Unlawful Police Stops
- Absorption Rate
- Alcohol Absorption
- BUI
- Challenging DUI Evidence
- DMV Hearings
- Driver's License Restoration
- DUI Penalties
- DUI with Injury
- Facing a DUI Conviction?
- Felony DUI
- First Time GUI
- Peak Alcohol Levels
- Underage DUI
- Vehicular Manslaughter
- Multiple Offense DUI
- Drug DUI
- Aggravated DUI
No Charges Aggravated Assault
ALLEGATION: Client arrested for drive-by shooting and was facing the possibility of a minimum mandatory 15 year prison sentence under Florida’s 10-20-Life Law. RESULT: After consulting with with prosecutors and law enforcement NO CHARGES WERE FILED.
Negotiated Plea DUI Manslaughter
ALLEGATION: Client charged with DUI Manslaughter. Client faced up to 15 years prison and a permanent loss of his drivers’ license. RESULT: Client entered negotiated plea to probation and is eligible to drive with a hardship license.
Not Convicted Sexual Battery
ALLEGATION: Client who holds a professional certification and license with the State of Florida was accused of Sexual Battery with the possibility of 15 years prison and mandatory “Sexual Offender” designation. Arrest was reported in the Panama City News Herald. RESULT: Charge reduced without consent of victim to simple battery (misdemeanor). Client NOT CONVICTED of any criminal offense and not designated a Sexual Offender. Client able to return to work without loss of professional certification and license
Client NOT CONVICTED Violation of Probation
ALLEGATION: Client violated probation for a second time by failing to report (“absconding”), committing a new crime of Battery, not completing DUI school and failing to complete court ordered community service hours.
Not Convicted Violation of Probation
ALLEGATION: Client violated probation by failing to report (“absconding”) and committing a new felony of Obtaining a Controlled Substance by Forgery. Client was on probation for 7 counts of Obtaining a Controlled Substance by Fraud, 6 counts of Forgery, and 6 counts of Criminal Use of Personal Identification.
Frequently Asked Questions
Can I challenge the stop if I was actually over the legal limit?
Yes. The lawfulness of the stop is a separate issue from your BAC. If the stop was unlawful, the BAC evidence can still be suppressed — meaning the prosecution cannot use it even if you were well above 0.08%. An unlawful stop is a constitutional violation that cannot be cured by the fact that the officer ‘happened to be right.’
What if there is no dashcam footage?
The absence of dashcam footage can actually strengthen a suppression challenge. Without video evidence to support the officer’s account of the stop, the court must rely solely on the officer’s testimony — which can be challenged through cross-examination, dispatch records, witness statements, and any inconsistencies in the police report.
Was Your DUI Arrest Based on an Unlawful Police Stop? Here's Why It Matters
One of the most powerful defences in any DUI case — and one that is frequently overlooked by defendants who simply accept their charges — is challenging the lawfulness of the traffic stop that led to the arrest.
Under the Fourth Amendment to the United States Constitution, law enforcement must have reasonable articulable suspicion of a traffic violation or criminal activity before pulling a vehicle over. If that threshold is not met, the stop is unlawful — and everything that follows it, including field sobriety tests, breathalyser results, and any statements you made, may be suppressed as fruit of the poisonous tree.
Rusty Shepard spent years as a prosecutor building DUI cases. He knows how to evaluate whether a traffic stop was lawful — because he once had to prove that it was.
What Constitutes Reasonable Suspicion for a DUI Stop?
Officers must point to specific, articulable facts — not hunches or instincts — to justify a traffic stop. Common lawful bases include:
- Observed traffic violation — speeding, running a red light, failure to signal, unsafe lane change
- Equipment violation — a broken tail light, expired registration, or missing licence plate
- Observed driving behaviour suggesting impairment — weaving within or between lanes, unusually slow speed, abrupt stops, near-miss accidents
- DUI checkpoint — Florida allows properly conducted sobriety checkpoints, but they must follow strict procedural requirements
Common Unlawful Stop Scenarios in DUI Cases
Rusty Shepard looks for these patterns in every DUI case he defends:
- The officer cannot articulate specific facts to justify the stop — ‘he looked like he was impaired’ is not enough
- The alleged traffic violation did not occur or cannot be proved by dashcam or body camera footage
- The DUI checkpoint was not properly established or operated according to Florida’s constitutional requirements
- The stop was based on an anonymous tip that did not provide sufficient corroborating detail
- The officer extended a routine stop without independent justification for the DUI investigation
What Happens If the Stop Was Unlawful?
If the court finds that the traffic stop was unlawful, the remedy is suppression of the evidence obtained as a result — sometimes called the exclusionary rule or the fruit of the poisonous tree doctrine. In a DUI case, this typically means:
- Field sobriety test results suppressed — the officer’s observations of your performance are excluded
- Breathalyser results suppressed — the BAC reading cannot be presented to the jury
- Any statements you made during the stop suppressed — including admissions about drinking
- Any evidence gathered from a vehicle search suppressed — if the stop was unlawful, a search based on that stop is also unlawful
Without this evidence, the prosecution frequently cannot prove the charge beyond a reasonable doubt — and the case is dismissed or significantly reduced.
How Rusty Shepard Challenges Traffic Stops
Challenging a traffic stop requires filing a Motion to Suppress Evidence with the court. The motion sets out the specific basis for the challenge — what was missing, what the officer did wrong, and why the evidence should be excluded. The judge holds a suppression hearing at which the arresting officer testifies and is cross-examined.
Cross-examining a police officer on the basis for a traffic stop requires understanding how DUI investigations work from the inside — how officers are trained, what they are taught to say, and where their account can be challenged with dashcam footage, dispatch records, and departmental policies. That is exactly the experience Rusty Shepard brings to every suppression hearing.
Think your DUI arrest may have started with an unlawful police stop? Call Shepard Law at (850) 290-2505. Free consultation. Available 24/7. A successful suppression motion can end a DUI case before trial.
DUI
Unlawful Police Stops
- Absorption Rate
- Alcohol Absorption
- BUI
- Challenging DUI Evidence
- DMV Hearings
- Driver's License Restoration
- DUI Penalties
- DUI with Injury
- Facing a DUI Conviction?
- Felony DUI
- First Time GUI
- Peak Alcohol Levels
- Underage DUI
- Vehicular Manslaughter
- Multiple Offense DUI
- Drug DUI
- Aggravated DUI
No Charges Aggravated Assault
ALLEGATION: Client arrested for drive-by shooting and was facing the possibility of a minimum mandatory 15 year prison sentence under Florida’s 10-20-Life Law. RESULT: After consulting with with prosecutors and law enforcement NO CHARGES WERE FILED.
Negotiated Plea DUI Manslaughter
ALLEGATION: Client charged with DUI Manslaughter. Client faced up to 15 years prison and a permanent loss of his drivers’ license. RESULT: Client entered negotiated plea to probation and is eligible to drive with a hardship license.
Not Convicted Sexual Battery
ALLEGATION: Client who holds a professional certification and license with the State of Florida was accused of Sexual Battery with the possibility of 15 years prison and mandatory “Sexual Offender” designation. Arrest was reported in the Panama City News Herald. RESULT: Charge reduced without consent of victim to simple battery (misdemeanor). Client NOT CONVICTED of any criminal offense and not designated a Sexual Offender. Client able to return to work without loss of professional certification and license
Client NOT CONVICTED Violation of Probation
ALLEGATION: Client violated probation for a second time by failing to report (“absconding”), committing a new crime of Battery, not completing DUI school and failing to complete court ordered community service hours.
Not Convicted Violation of Probation
ALLEGATION: Client violated probation by failing to report (“absconding”) and committing a new felony of Obtaining a Controlled Substance by Forgery. Client was on probation for 7 counts of Obtaining a Controlled Substance by Fraud, 6 counts of Forgery, and 6 counts of Criminal Use of Personal Identification.
Frequently Asked Questions
Can I challenge the stop if I was actually over the legal limit?
Yes. The lawfulness of the stop is a separate issue from your BAC. If the stop was unlawful, the BAC evidence can still be suppressed — meaning the prosecution cannot use it even if you were well above 0.08%. An unlawful stop is a constitutional violation that cannot be cured by the fact that the officer ‘happened to be right.’
What if there is no dashcam footage?
The absence of dashcam footage can actually strengthen a suppression challenge. Without video evidence to support the officer’s account of the stop, the court must rely solely on the officer’s testimony — which can be challenged through cross-examination, dispatch records, witness statements, and any inconsistencies in the police report.
What Sets Shepard Law Apart?
Your case is our priority. We aim for the best outcome.
We understand the complexities of the legal system and the impact on your life. Our focus is on securing your future.
CLIENT FEEDBACK
Our clients’ voices matter. Read about real cases and the positive outcomes achieved with our legal guidance.
Personable and understanding
“Rusty is very personable and accommodating. He made himself available on short notice and met with me after hours. He told me not to worry and got everything dismissed in court this morning! Thank you Rusty and Lisa!!!”
– Lauren
Sweetest, kindest, most Professional #1
“Mr. Shepard and his staff are amazing! They went above and beyond to help me. I would not want anyone else on my team! I am young and despite that, he made sure that the judge saw me as a person and not just a young person. He and his office even spent extra time with me and attended to every single thousand question that I had. They could not get a better rating 10 stars!!”
– Jessica
Absolutely Recommend
“Shepard Law is truly one of a kind!!! Their team of attorneys and support staff knows criminal law inside and out. They will take a case to trial with no fear and are a force to be seen in the courtroom!!!! They are compassionate and make their clients feel supported every single step of the way. They are flexible with payment options, which allows everyone to be able to receive TOP QUALITY representation. I would absolutely recommend Shepherd Law to any of my friends or family members without hesitation.”
– Vanessa M.
Under a time line!!!
“My wife and I found out on a Monday that we needed a Defense Attorney on Tuesday for a family situation. I called the office and Megan quickly contacted Rusty and he reassured us that he would be at court on Tuesday and he would take care of everything. Those words were the most comforting we’ve heard as this came up not long after Hurricane Michael. Rusty and his office has no idea how much he helped us and how much we appreciate their quick response. Thank you will never cover how much you guys mean to us.”
– Craig E.
CONTACT US FOR A FREE CONSULTATION
At Shepard Law, we’re always ready to take your call! Give us a call at (850) 290-2505 or fill out the form below to contact one of our team members.
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