DUI 2nd Offender, Facing Jail Time, Blows .11


The Charges

As officers were completing a traffic stop, a dark colored Ford F-150 passed by at the regular posted speed when it failed to yield for an emergency. During that time, the patrol units had their rear lights activated, which were illuminated from all angles. The Ford F-150 failed to provide sufficient distance between vehicles, where the driver squeezed between passing traffic and the patrol car, prompting the officer to make a traffic stop, in violation of the Move Over Law. When in contact with the driver, the officer noticed a strong odor of alcohol emitting from his facial area, bloodshot watery eyes, and slurred speech. When asked to step out of the vehicle the driver collapsed and fell to the ground. The officer had asked how much he had to drink, where he responded “I had 7-8 beers!” and “I guess that I am over the legal limit?” Field sobriety checks were administered, in which our client failed. After a 20 minute observation period, two breath samples were read, one at .09% and another at .11%. Our client was arrested and charged with DUI (Driving Under the Influence) and cited for the Mover Over Law violation.

Move Over Law Violations

Florida law requires motorists to move over when they see emerging lights coming up from behind them or in front of them. This includes law enforcement vehicles, ambulances, tow trucks, utility vehicles, and sanitation workers. The law states that if you are not able to move over, you should slow down by 20 miles per hour under the posted speed limit. If the speed limit is 20 miles per hour or less, one should slow down to 5 miles per hour.  

If you do not move over, you are not only putting yourself at risk but others that are on the road as well. 

DUI Charges in Florida

DUI charges in Florida come with a list of penalties. Besides paying fines and court costs, you can expect to have your vehicle impounded for 10 days. And you may also have to serve jail time. There is also probation that is assigned to DUI offenders. Community service is a requirement for all first-time offenders in the state of Florida as well.  

A Law Firm You Can Trust

When picking a law firm, you want one that you can trust and that has a lot of experience. At Musca Law Firm, we fit that bill to a T. We have well over 150 years of combined legal experience between members of our staff. And we have successfully handled innumerable cases throughout our tenure. We are able to develop a strong and strategic defense for your case and will always negotiate with the prosecution to find the best possible results. Call us today at (888) 484-5057 for a free consultation.  

RESULT: We filed a Motion to Suppress based on a violation of the multi-jurisdictional mutual aid agreement procedures and no probable cause for the stop. We were able to convince the State to amend the DUI 2nd, resulting in NO DUI CONVICTION!