Recent Legal Opinions

In Vinci vs. State, the court of appeal issued an opinion addressing two issues, the 1st question the court addressed was whether the officer had probable cause to conduct a traffic stop & probable cause to arrest the suspect for possession of a register drug without a prescription.

Probable Cause Based on Lane Weaving

Florida Statute § 316.089(1) states as follows: "Whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following rules, in addition to all others consistent herewith, shall apply: (1) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety."

Florida Statute § 316.089(1) doesn't make failure to stay in one lane a strict liability offense justifying a traffic stop. In order to have probable cause to initiate a traffic stop predicated on lane weaving, the driver's failure to maintain a lane must create a safety concern or, in the alternative, the driving pattern is required to be indicative of impairment. This typically involves repeated lane weaving violations over a longer distance.

Possession of Xanax Without a Prescription

In this matter, after seeing the defendant weaving for about a mile, and believing him to be DUI, a deputy stopped him. The officer requested and defendant gave him permission to search his car. The deputy located a Xanax inside a pill bottle labeled Suboxone. The officer believed that the defendant had committed the crime of possession of a controlled substance without a prescription, and later arrested him for possession of oxycodone and xanax. Defendant filed a motion to suppress certain evidence and the trial court conducted a hearing on defendant's motion. The circuit court granted the motion suppressing the evidence due to the fact that the illicit nature of the pill was not immediately apparent, which it is required to be to permit the seizure of items that are within plain view, due to the fact that a person can lawfully have Alprazolam, as opposed to the drug cocaine. The court of appeal reversed, ruling that the deputy had probable cause to seize the evidence ruling that the possession of Xanax within a container that isn't for an alprazolam prescription provides probable cause that the defendant is in unlawful possession Although a prescription remains a valid defense, but the officer was not required to anticipate various defenses. Additionally, the lower court did not err in its ruling that the deputy had developed reasonable suspicion in order to conduct a traffic stop in order to make a determination as to whether the defendant was impaired.

For futher information concerning Criminal Lawyer or DUI Attorney please contact us at: The Law Offices of Michael A. Dye, PA 1 E Broward Blvd # 700

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