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  1. #1
    Join Date
    Aug 2015
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    2

    Default 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.

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