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DUI (2nd) charge dropped

State vs. J.P ; Case No: 2009-CT-1213 (Martin County)

Arresting Agency: Martin County Sheriffs Office.

Case Summary: Our client was driving down the street looking for a place to park and pulled into a vacant lost near a local Tiki Bar. He remained in his vehicle with the vehicle lights on. The Deputy pulled directly behind our client to investigate what he observed to be “suspicious.” The Deputy’s stop of our client’s vehicle based on his limited observation of him pulling into a vacant lot without any “no trespassing” signs posted was premature and Florida law has made it clear that these kinds of observations are insufficient to support a reasonable suspicion of criminal activity. The Defense documented the scene, filed a Motion to Suppress the initial traffic stop and set the motion for a hearing. A full-blown suppression hearing took place and the Judge reserved ruling. Two days later our office gets a phone call from the supervising prosecutor on the case.

Result: Charge dropped.

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Brian Mallonee is a Criminal Defense Lawyer Serving St Lucie, Indian River, Martin, and Okeechobee Counties