Pulled Over for Unsafe Passing With No Other Vehicles on the Road

My question involves drunk driving in the state of: Florida

I was recently pulled over for a DUI (I had one prior in 2010). I saw the LEO outside the bar said hello (I support LEO). I started to drive, and he immediately followed. I made it only about .6 miles when I took a left onto a 4 lane highway, and was pulled over. In the report the deputy stated that I was swerving within my lane (which isn't illegal in Florida), and he clocked at 10 miles under the speed limit in the left lane. The deputy stated in his attempt to overtake me, he pulled me over. Him and I were the only cars on the road along with another deputy. I was ready to change lanes into the right lane, and he pulled me over. It is also noted that the only lane I could turn into was the left lane in the current setup of the road. The officer issue me a citation for OVERTAKING AND PASSING A VEHICLE CUTTING IN 316.083(1), instead ticketing me for going 10 mph under the speed limit in the left lane.

I also lost my administrative review at the DMV which they suspended me for a year.

My lawyer has put in a motion to suppress based on no PC to detain me and pull me over etc..

Here are my questions"

What are someones thoughts on this issue? Does this sound like a winnable case?

If I win this case can i still be liable for court fees?

I want to know if I win this case, do I have a case for a civil violation?

It has cost me a couple jobs over 150K+ a year because I cannot drive for a while.

Weaving, even within your own lane, and driving under the speed limit sounds like solid PC for a DUI stop as those are common things done by people who are DUI. What was your BAC?

You said you were cited for overtaking so why was your license suspended? Were you charged with an convicted of a subsequent DUI?

What process exactly are you asking about winning? Are you appealing the administrative review? Are you still fighting whatever you were charged with?

Why aren't you asking your lawyer this?

I don't think you have much chance of winning, but I've been surprised before. Skilled OVI attorney's have gotten judges to agree with things before with which I've disagreed. Your attorney can best answer the question of what your chances are.

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Quoting shadow501

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The officer issue me a citation for OVERTAKING AND PASSING A VEHICLE CUTTING IN 316.083(1), instead ticketing me for going 10 mph under the speed limit in the left lane.

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Is your theory here that the officer intended to cite you under a different statute, perhaps Sec. 316.081(2) or (3), but made a mistake and cited you for improper passing? Or is it your theory that you did not commit a traffic offense and should not have been pulled over at all?

He cited me for the wrong citation it seems, and him and I was the only ones on the road, and I did make it not even a mile before he pulled me over. I slowed down to move over lanes and that was his reason for pulling me over going under the speed limit. That is the improper citation in florida for that offense.

My BAC was .094

I am asking my lawyer this, I am just looking for another 3rd party opinion.

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Quoting shadow501

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He cited me for the wrong citation it seems....

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Citing the wrong offense on the ticket does not of itself render the traffic stop invalid. The question is whether the officer had adequate grounds for the traffic stop. In many DUI cases the officer doesn't even issue a ticket for the original violation. So again: Is your theory here that the officer intended to cite you under a different statute, perhaps Sec. 316.081(2) or (3), but made a mistake and cited you for improper passing? Or is it your theory that you did not commit a traffic offense and should not have been pulled over at all?

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Quoting shadow501

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....and him and I was the only ones on the road....

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His vehicle is another vehicle, so even if he's the only other driver on the road you can get a ticket for the manner in which you overtake and pass his vehicle.

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Quoting shadow501

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...and I did make it not even a mile before he pulled me over.

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There's no law that says you get a certain number of free traffic violations in your first mile of driving.

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Quoting shadow501

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My BAC was .094

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When your livelihood depends upon your ability to drive, you are best served by not driving while intoxicated.

if you have a very good lawyer, you can beat this. Go to court and have him argue every last detail. Every element has to be proven before they can find you guilty! Good luck!

The PC appears to have started with your conversation before you both started down the road.

My lawyer has put in a motion to suppress based on no PC to detain me and pull me over etc.. I put it at 50/50,that's just a shot in the dark. They might offer you a good plea if they think the lawyer might win the motion.

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Quoting shadow501

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I was recently pulled over for a DUI (I had one prior in 2010). I saw the LEO outside the bar said hello (I support LEO).

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Why would you say anything to him? If you were drinking, he could smell the alcohol if you were close enough or hear a slurred speech.

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Quoting shadow501

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I started to drive, and he immediately followed. I made it only about .6 miles when I took a left onto a 4 lane highway, and was pulled over. In the report the deputy stated that I was swerving within my lane (which isn't illegal in Florida),

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Who told you that you're permitted to swerve in your lane of travel in the state of Florida?

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Quoting shadow501

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and he clocked at 10 miles under the speed limit in the left lane. The deputy stated in his attempt to overtake me, he pulled me over. Him and I were the only cars on the road along with another deputy. I was ready to change lanes into the right lane, and he pulled me over. It is also noted that the only lane I could turn into was the left lane in the current setup of the road. The officer issue me a citation for OVERTAKING AND PASSING A VEHICLE CUTTING IN 316.083(1), instead ticketing me for going 10 mph under the speed limit in the left lane.

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That ticket would be issued if you were to overtake a vehicle and then cut into the path of a vehicle that you were overtaking without giving enough clearance in front of that overtaken vehicle.

It sounds to me that after you made the left-hand turn, there was another deputy that you overtook, and then cut in front of without giving that deputy enough room between your vehicle and his.

He could not issue a citation for driving under the posted speed limit unless you were going 16 MPH under the posted speed limit or 21 MPH under in a 70 MPH zone.

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Quoting shadow501

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I also lost my administrative review at the DMV which they suspended me for a year.

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If you were drunk, then this would be a logical outcome.

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Quoting shadow501

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My lawyer has put in a motion to suppress based on no PC to detain me and pull me over etc..

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The infraction of cutting in front of someone to closely is PC to make a motor vehicle stop.

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Quoting shadow501

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Here are my questions"

What are someones thoughts on this issue? Does this sound like a winnable case?

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Is there dashboard video from the police cruiser that shows swerving and you cutting in front of another vehicle while overtaking? If so, you will not win. And even if there isn't dashboard video, you have two witnesses against you. The deputy that pulled you over and the deputy that you cut in front of. Winnable? I don't think so.

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Quoting shadow501

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If I win this case can i still be liable for court fees?

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No.

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Quoting shadow501

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I want to know if I win this case, do I have a case for a civil violation?

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I see where you're going with this. You have a few hurdles to climb if you think that you will win this case.

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Quoting shadow501

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It has cost me a couple jobs over 150K+ a year because I cannot drive for a while.

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You should have realized the consequences of driving impaired before you decided to drink and drive.

It appears you were so drunk you do not realize how profoundly apparent your drunken actions were.