Lakeland, FL asked in Criminal Law for Florida

Q: Is it illegal to stop someone for driving intoxicated?

Or be considered false imprisonment ?

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2 Lawyer Answers
Randy Bryan Ligh
Randy Bryan Ligh
Answered
  • Criminal Law Lawyer
  • Baton Rouge, LA

A: Are you asking about a private person or law enforcement stopping the suspected intoxicated driver? In the latter case, that is sorta what law enforcement is supposed to do.

Jonathan Blecher
Jonathan Blecher PRO label
Answered
  • Criminal Law Lawyer
  • Miami, FL
  • Licensed in Florida

A: A DUI stop may be determined "illegal" by a judge, but that simply means that any evidence obtained by law enforcement as a result of the "illegal" stop is inadmissible in court. The best you can hope for then is a dismissal of the case. Government agents have sovereign immunity against lawsuits for acts they did in the course and scope of their position...unless the acts were outside that scope...like cutting off the oxygen to your brain with a knee to the neck for example. Arresting suspected DUI offenders is their job, so even if a judge tosses the case, you're not likely going to make money trying to sue the cops.

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