To conduct a traffic stop, police must have “reasonable suspicion” that the driver has committed, is committing, or is about to commit a crime or infraction. In Terry v. Ohio, the Supreme Court ruled that “officers must have a well-founded, reasonable suspicion of criminal activity.” 392 U.S. 1, 30 (1968). This is where we get the term phrase “Terry stop.”
Once the police make a traffic stop, they can make contact and further investigate any suspicion of wrongdoing. If, in the process of doing this, the officer reasonably develops more suspicions, the officer may investigate those as well. For example, during a stop for speeding, an officer notices that the driver smells of alcohol, has bloodshot eyes and slurred speech. The officer would likely then begin an investigation for DUI. This blog will discuss the most common reasons we have seen vehicles get stopped before a DUI arrest is made.
SPEEDING
It can be difficult to follow the speed limit because it constantly changes. This can be even tougher to follow if you are impaired by alcohol or drugs. While rare, police can legally stop a vehicle for driving just one mile an hour over the speed limit. To avoid getting stopped, follow the listed speed limits. Additionally, driving too slowly can also be hazardous; so, do not overcompensate your speed because you have consumed any alcohol. It is best to stay just under the speed limit so that you do not attract attention.
WEAVING
There are lots of reasons why a driver may be weaving while driving. The driver could be texting, adjusting the air conditioning, or even eating. Regardless, the police may stop a car for weaving, even if the car has not gone outside their lane! While weaving inside of one’s lane may not be an enforceable traffic violation, courts have said that law enforcement may stop a vehicle to check on the driver’s well-being. When operating a vehicle, it is imperative that the driver be focused on driving and not distracted by other things. When you become distracted, you drastically increase your chances of being following and/or stopped by police.
ROLLING STOP
When we get in a hurry, we cut corners. When drivers get in a hurry or lackadaisical, they will often fail to come to a complete stop at traffic lights and stop signs. When you do not come to a complete stop at a light or stop sign, you commit a traffic violation and expose yourself to being stopped. It may seem harmless when there are no cars or pedestrians in site; nonetheless, it is a traffic infraction and a very common reason for traffic stops that lead to DUI’s.
NO HEADLIGHTS
More and more cars have automatic headlights, yet many older models require the driver to manually turn on the headlights. When driving under streetlights, it can be difficult to remember to turn on your head lamps. It is very common for police to stop a car for driving without headlights. This begs the question: when exactly should headlights be engaged? In Florida, the law states that headlights are required “any time from sunset to sunrise including the twilight hours” It also states that rain, fog, smoke or mist conditions require headlights be turned on. If you are not sure if your headlights should be on, ere on the side of caution.
SEATBELT
With the exception of New Hampshire, all states and the District of Columbia require adult front-seat occupants to wear a seatbelt. Since seatbelts are now made to go over the shoulder, it is often possible for police to see if someone is or is not wearing a seatbelt. And if an occupant of a moving vehicle is not wearing a seatbelt, that vehicle can legally be stopped. Whether or not it is the driver or the passenger of a vehicle who is not wearing the belt is inconsequential. The driver should always make sure that all passengers are wearing their seatbelt. Vehicles that have the windows down or tops down are more visible and make them more susceptible.
EXPIRED TAG
When a police officer gets behind a vehicle, they are trained to look at the license plate tag to make sure it is current. If it is not, police have cause to stop the vehicle. This is 100% avoidable. Vehicles with expired tags are sitting ducks to get pulled over by police. Keep your tags current to avoid being stopped.
CAR MALFUNCTION
Vehicles today have multiple lights, which are required to operate the vehicle. These include headlights, taillights, and brake lights. These lights eventually malfunction and, if inoperable, they are the cause for many traffic stops. Vehicle lights must be maintained and regularly checked to ensure they are working properly and that they do not give the police reason to stop the vehicle.
The majority of DUI’s originate from a simple traffic stop. But in these cases, police must have reasonable suspicion that a crime or infraction has occurred, is occurring, or is about to occur. These seven sections represent the majority of stops for our clients, and each one is 100% avoidable. To avoid getting a DUI, do not drink and drive. But if you must drive after consuming any alcohol, consider these seven things while driving to avoid being stopped by police.
If you have been stopped by police and charged with a DUI, call the DUI attorneys at Hendry & Parker, P.A. for a free consultation.
Please call Hendry and Parker today at 727-205-5555 serving Pinellas, Pasco & Hillsborough Counties.