A Port St. Lucie Police Officer pulled over the defendant while she was driving a moped. The officer claimed the reason for the traffic stop was that the defendant was in violation of Florida law for not wearing protective eye wear. During the traffic stop, the officer began to suspect that the defendant impaired by alcohol. The defendant submitted to the officer’s requests for her to perform field sobriety tasks. The officer claimed that she performed the tasks poorly and therefore charged her with DUI. Our legal team brought forth a legal motion after it was determined the officer did not make a lawful stop. The law requiring persons to wear eye protection applies only to “motorcycles.” However, the defendant was driving a moped that was powered by an engine less than what is defined as a “motorcycle”; therefore the law did not require her to wear protective eye wear. The DUI charge was dismissed.
DUI & Criminal Division
