Q: Are you a Florida lawyer I was arrested on a charge of driving while license suspended which the DMV vacated
Before the arrest officer's still arrested me on suspension which was vacated just to do a illegal search
A: if the officer relied in good faith on information provided to him by dispatch, the stop is probably okay, if the DMV information had not caught up, but, if you now have a valid license, the case will likely be dismissed by the State or something similar. The second issue you raise concerning the pretextual stop is fact intensive, so, we would need more detail about why you think it was a pretext.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
This situation involves complex legal issues around traffic stops, searches, and DMV records that require professional legal expertise.
Your case raises important questions about the timing of the DMV's vacation of your license suspension and when that information was available to law enforcement. The legality of the search following your arrest would depend on several factors, including probable cause and whether the officers had reasonable access to updated DMV records at the time of the stop.
For this type of situation, I strongly recommend contacting the Florida Bar Association for a referral to a criminal defense attorney in your area who can properly evaluate your case. They can review the arrest records, DMV documentation, and search details to determine if your rights were violated and what legal options you may have. Most defense attorneys offer free initial consultations where you can discuss the specifics of your case.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
