Fruit R Us

The appellate court reversed the the Circuit Court's decision denying the defendant's motion to suppress in Agreda vs. State of Florida. The facts were as follows. A detective from the sheriff's office was sitting in the median in an unmarked automobile at the time the officer saw the automobile in which defendant was a passenger traveling in the curb lane slower than the speed limit, yet still inside of the lawful range. The officer did not witness the car drift, weave or observe any indications of a mechanical or medical problem. Additionally, the police officer saw nothing that would indicate that the driver of the vehicle was impaired by alcohol or drugs. Although traffic was light and other vehicles could pass defendant, the officer testified that defendant slow speed was impeding traffic, so he conducted a traffic stop. The driver's license was suspended, and the defendant stated that his license was suspended as well. He additionally informed the sheriff's deputy that he had a gun, which was recovered by the detective, and also when the deputy searched the car he discovered crack cocaine and also a crack pipe on the passenger side of the vehicle. Defendant filed a motion to suppress the evidence, contending that there was no legal basis for the traffic stopstop. The circuit court denied the motion, & the defendant was convicted of being a felon in possession of a firearm, illegal carrying of a concealed weapon, possession of cocaine, and possession of drug paraphernalia. The Second District Court of Appeal reversed the trial court's ruling, explaining that simply traveling slow did not provide probable cause for a traffic stop.

For more information on Miami DUI Lawyer or Miami Criminal Defense Attorney you can contact us at: The Law Offices of Michael A. Dye, PA 2 South Biscayne Boulevard

Miami, FL 33131

(305)459-3286