Criminal defense attorneys know that the meaning given to one word can change the outcome of a case. Who can forget President Clinton's deposition where he asked for clarification on the definition of "is." I have been in a DUI trial where the jury was excused so the court could determine the meaning of a statute due to the improper use of a comma. I have also taken part in a hearing to determine whether the word "and" was conjunctive, disjunctive. Similarly, in the case below, an individual's constitutional rights, and possibly his freedom, hang on the meaning given to the word "at."

In the case of State of Florida v. Daniels, The appellate court overturned the lower court's ruling granting defendant's motion to suppress evidence located in the course of traffic stop. In this matter, the police initiated a traffic stop on the defendant for violating FL. Stat. 316.123(2)(a). Florida Statute 316.123(2)(a) is the statute controlling how drivers are permitted enter into a stop or yield intersection. The prosecution's position on appeal was that the circuit court improperly applied the language of the applicable statute, making it a moving violation to fail to "stop at a clearly marked stop line." The circuit court had held that since the defendant's front tires were on the line marked on the pavement when he stopped at the stop sign, he was in compliance with the statute and the subsequent traffic stop was unconstitutional. The district court of appeal, however, agreed with the state's argument that "the statute, properly interpreted, requires a vehicle to stop before any part of the automobile crosses the line." Therefore, the traffic stop was constitutional.

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

Fort Lauderdale, FL 33301

(954)990-0525