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Tampa Criminal Defense Attorneys - (813) 228-7095

Tampa Criminal Attorney - Illegal Stop for DUI Leads to Problems For Prosecutor

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Editor: Tampa Criminal Attorneys
Profession: Tampa Defense Attorneys

July 06, 2010

By Will Hanlon

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Category: Criminal Law

The Client was found passed out behind the wheel at the Flying J Truck Stop at Highway 579 and Sligh Avenue in Tampa. A Hillsborough County deputy was notified about our client's condition by a store employee. Deputy Angelo walked out to his car and knocked on his window in an effort to wake him up. When he awakened the Deputy smelled an odor of alcohol and demanded his car keys. A DUI enforcement officer was called and reported to the scene. Our client attempted to perform field sobriety tests and failed. Shortly after his arrest he was transported to the Orient Road Jail where he refused to submit to the breathalyzer.

A deposition was conducted of Deputy Angelo. She acknowledged that she hadn't smelled an odor of alcohol until she ordered our client out of the vehicle. The issue then became whether our client was legally parked in the gas station parking lot. If so, the deputy's actions would be illegal. We filed a motion to suppress the stop of our client. The State Attorney ran into a number of difficulties bringing forth the proper evidence to prove our client was illegaly parked.

To find out more information about this case link to tampa criminal attorney or call us at 813-228-7095.

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