I got stopped for a tag light out and then got arrested for dui.

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The video shows that my tag light was visible and there was no swerving or any other trafic infractions. I didn't even get 200 yards away from the place and The cop had me stopped already. What are my chances do you think?

Attorney Answers

3
Garry Potts ·
Hi, if you already have an attorney you should consult with him or her about your questions. However, in general, the absence of a tag light, or other mandatory lights on a vehicle, are considered under the law to be reasonable cause for the police to perform a stop. Of course, this assumes that you were stopped after dark. As far as your chances on the DUI, that will mostly depend upon other factors that you do not mention, such as you responses to the officer concerning your drinking history, your appearance on any Field Sobriety Test videos taken of you, the testimony of the officers who were in contact with you and the results of any Intoxilizer, blood or urine test which you may have taken. You can read more about these issues in my articles at: DUI Elements Explained - Impaired Driving and DUI Elements Explained - Unlawful Blood Alcohol Level . You should get an experienced criminal attorney to represent you in this case. Also, be aware that if this just happened, you also have only ten days from the arrest date to request a formal review hearing on your driver's license administrative suspension before you are unable to drive. Good luck!
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Erick Platten ·
Hello there, Sound like you go singled out pulling out of wherever you were. These officers make up any traffic violation to stop you and determine if you've been drinking. If you smell like alcohol you are going to jail no matter how well you performed on their tests. It's like the shoot first and ask questions later mentality because the majority of individuals cannot afford and attorney and are simply going to take a plea bargain. Get yourself a good lawyer that knows a lot about search and seizure law. He's going to need to file a motion to suppress and argue that you vehicle stop was conducted in an unconstitutional manner in violation of your fourth amendment rights to be free from unreasonable searches and seizures. Sincerely, Erick Platten
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Michael Alan CohenDUI / DWI Attorney ·
If the only reason the officer stopped you was for your tag light being out and the video shows that the tag light was in fact working and on, not only should you win the DUI but the officer should be prosecuted for lying. I have seen some videos where the tag light seems to be illuminating the tag, but it is actually the headlights on the police car that are shining on the tag. Florida Statute 316.221 subsection 2) states:  Either a taillamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of 50 feet to the rear. Any taillamp or taillamps, together with any separate lamp or lamps for illuminating the rear registration plate, shall be so wired as to be lighted whenever the headlamps or auxiliary driving lamps are lighted. If you have not hired a lawyer yet, please find an expeirenced DUI attorney in your area.
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