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No Probable Cause For Traffic Stop-Case Dismissed

Posted by John P. Rutkowski | Aug 25, 2021 | 0 Comments

Officers lacked probable cause to detain defendant for violation of statute that restricts brightness and number of lit auxiliary lights on vehicle where record does not reflect that officers had any training or experience that would have allowed them to estimate brightness of auxiliary lights at more than 300 candlepower or how many lights of that brightness were lit. The officers did not have probable cause to detain defendant for violation of statute requiring that lights be aimed so that glaring rays are not projected into eyes of oncoming drivers where no vehicles were approaching defendant at time of detention. The passenger's admission that oncoming driver had flashed headlights at defendant does not support detention for violation of headlight-aiming statute where admission was not made until after detention. The detention was not lawful under mistake of fact or law doctrines where there was no reasonable basis for mistake of fact or law. Defendant's Motions to dismiss traffic infraction and to suppress the evidence are granted.

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About the Author

John P. Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-five years. Prior to going to law school Mr. Rutkowski served as a deputy sheriff before retiring to attend law school. Upon graduating law school Mr. Rutkowski served as a prosecutor in Florida before going in to private practice and representing clients in three states.

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John P. Rutkowski, Attorney at Law, firm represents clients in the area of driving under the influence, boating under the influence, Criminal & Civil Traffic Offenses. Contact me today for a free telephone consultation.

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