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What does the State Attorney have to prove to validate a DUI Traffic Stop using Radar? Tampa Florida DUI Attorney has a caselaw update. One court just ruled that even though a radar certificate proved that a radar device used to establish speed was accurate, the proof was insufficient because there was no evidence presented to prove:

1. Type of device used was approved by Department of Highway Safety and Motor Vehicles;
2. Officer had been trained to operate radar;
3. Radar had no automatic speed locks or that radar audio Doppler was engaged;

The court ruled that the Radar reading was inadmissible into evidence. Notably, the DUI officer also testified he observed defendant make wide turn and drive over white line. The court ruled that where there was no evidence that other traffic was affected by defendant's driving, that driving pattern did not rise to level of erratic driving and officer did not have founded suspicion for stop. Since the state failed to establish that defendant was lawfully stopped for speeding, the Motion to Suppress was granted.

Speed Radar Issues in Your Case? Tell Me Your Story Toll Free 1-877-793-9290 .

Source: 17 FLW Supp 39a

Labels: florida dui attorney, florida dui lawyer, Radar