Unlawful Police Stops in Jacksonville
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Under the Fourth Amendment of the U.S. Constitution, police must have probable cause to believe there has been a violation of the law to initiate a search. This means that there must be some indication in your driving that you are drunk driving or otherwise breaking the law for the police to validly stop you. Where police have overstepped, a Jacksonville DUI lawyer will move to exclude evidence obtained in the illegal stop. When the court approves the motion, the prosecution usually has no choice but to dismiss the case.
What Is Considered Probable Cause?
For a law enforcement officer to make a lawful police stop, it is vitally important that they have what is known as "probable cause." This simply means that they must have some form of evidence that supports the fact that the driver was breaking the law in some capacity. Contrary to popular belief, officers are not permitted to act on whims whenever they desire.
For example, they can't park outside of bars and wait for a driver to leave. The driver must have exhibited some form of drunkenness before the traffic stop became legal. So what is considered grounds for a traffic stop? Any form of traffic violation, such as speeding, or even a physical issue with the car, such as broken lights. Other grounds for a traffic stop could include body damage to the car, failing to use turn signals, expired license plates or aggressive, unlawful behavior.
Pick Porterâ„¢ for a Free Consultation
We at Jason K.S. Porter, P.A. are strong defenders of our client's rights when police have randomly stopped them without probable cause. We have been serving the Jacksonville, Florida area with DUI defense. As three former prosecuting attorneys with approximately 100 years pf combined legal experience, we have successfully obtained many dismissals or acquittals of charges when police have infringed on our clients' rights with illegal stops.
We urge you to speak with a Jacksonville DUI attorney at the firm as soon after your arrest as possible.
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Serving Jacksonville, FL Since 2004
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After our meeting in person, I was absolutely pleased in choosing The Porter Law Firm to represent my Deaf sister in her auto accident injury case!!! We look forward to working with Mr. Watson...who is a very, very kind, respectful, and informative Attorne- S.N.
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It was a great experience working with them. They went out of their way to help- J.C.
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Jason is the best lawyer in Jacksonville. I have had the pleasure of having him represent a family member and his work was above and beyond what any other attorney would have done. He will work with you where ever he can to get the best outcome. You can trust what he says. Very high ethics .I have called him my Perry Mason, and I really mean it. If you want THE BEST trust Jason Porter, he's real.- Carla B.
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First off let me say how much I love this law firm!!! My boyfriend was referred by a friend and I'm glad we listened! This was the first time we ever needed a lawyer and Richard Watson was INCREDIBLE! He knows his stuff and he doesn't settle for anything less than what we deserved! We loved talking to Bonnie when we called she was always so cheerful and helpful! I recommend YOU to choose this office!!!!!! I promise you won't be disappointed !!!! I will definitely be using them again if I ever need to!- Sara B.
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When our teen son made a poor choice and could have been facing a criminal charge, we contacted Attorney Jason Porter. Mr. Porter was not only professional, experienced and confident, he was also compassionate and understanding. His connections with the community, strong negotiating skills and empathy allowed for the best results possible for our son. Five Stars for Law Offices of Jason K.S. Porter, P.A.- D.A.
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My divorce litigated for close to two years as it was highly contentious and involved more complexities. Ms. Carlucci did a wonderful job of helping me understand and navigate the legal system. Ms. Carlucci set realistic expectations and was willing to listen to my concerns, questions, and thoughts. Divorce can be a very grueling and hard process. Ms. Carlucci provides great support and promotes collaboration with her clients.
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My fiancé and I were referred here by a friend. Our lawyer was Nicole Carlucci and paralegal was Danielle Castillo, they were beyond wonderful. Easy to communicate with, always gave us our options and never made us feel pressured. Our relationship with them was very personable and we always felt as if we were their only clients! We seeked their help with regards to child support and time sharing. The experience was just wonderful!!!!! We would recommend them 10 times over.- Kizgel D.
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I had contacted Mr. Porter’s office after being in a car accident and having no success on my own with the insurance adjusters. Mr. Porter and his entire staff were all very engaged, expedient and supportive while working on my case. Any questions that I had, I could make a phone call and Hildy or Dani would be on the other end making things make sense to me. Ultimately, they delivered a great outcome that I was happy with. It was a huge weight off my shoulders to have the knowledge and support of Mr. Porter and his staff while navigating through the stress of everything that must be handled after a car accident. In the unfortunate event that I find myself in another similar situation, I won’t hesitate to pick up the phone and give them a call back! Thanks for everything!- D.
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