Norcross, GA asked in Criminal Law and Domestic Violence for Florida

Q: Is there a way for me to get less time being as though without the battery they didnt have a reason to stop me?

I was recently pulled over because my ex & i were arguing with the windows down. She said she was going to call the police and tell them i was driving with a suspended license. She reached for her phone. I grabbed her hand there was a patrol car a short distance away who heard the camotion. He then pulls me over she says i hit her i go to jail for battery&driving on a suspended. The battery dropped. i still have the driving charge in which they are trying to sentence me to 180 days. Is there a way for me to get less time being as though without the battery they didnt have a reason to stop me?

1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: Although the battery charge was dismissed (because, upon further information it appeared that you were not guilty), there was still, at the moment you were pulled over, probable cause to suspect that a battery had been committed. Thus, no; you were properly convicted of driving with a suspended license. And, in any event, excluding evidence would not reduce the sentence, it would prevent the entire conviction.

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