Tampa DUI Attorney Gets Case Dismissed

duiYou’ve been arrested for DUI, should you hire a Tampa DUI attorney? What difference will it make if you know you were guilty anyways, failed the field sobriety exercises, and blew over the legal limit? Here is why you should always hire an experienced DUI attorney….

On December 14th, 2008, my client was arrested for DUI in Hillsborough County, Florida. Officers from the Plant City Police Department received a call of a possible impaired driver in a gray Jeep. When officers arrived to the location, they spotted the gray Jeep and saw it cross over the while line to the right of the travel lane, cross the center lane dividing line, and observed 50% of the vehicle in the oncoming lane of travel. Based on this the officer pulled my client over and had him exit the vehicle. My client agreed to perform field sobriety exercise and he failed. The officers stated that he was unable to perform the exercises and had to stop the exercises for his safety because he was so intoxicated. After being arrested, my client took the breath test and had a result of .121/124, which is more than 50% over the legal limit in Florida.

After reading these facts you might think that he has no shot of winning and will definitely have to plea to a DUI. That’s not always the case. After I received the police reports and did some investigation, I realized that the Plant City Police Department went outside of their jurisdiction to arrest my client. They are allowed only in limited circumstances to follow a driver outside their jurisdiction. In this case, they did not see a crime occur within their jurisdiction and could not stop my client outside their jurisdiction.

After doing some research I found caselaw that supports this position and filed a motion to dismiss the DUI. After a hearing on the issue, the Judge granted my motion to dismiss and my client walked out of the court without a DUI on his record, without probation, and without any court costs.

If you find yourself in a similar situation, don’t think that there are no options. Call me, Mustafa Ameen, Esq., an experienced  Tampa DUI attorney, to discuss your case.

About Ameen and Shafii

Mustafa M. Ameen & Andrew H. Shafii
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