QUESTION

How can Fla. Sheriff's Dept give a DUI to bicycle rider without probable cause?

Asked on Mar 19th, 2013 on DUI/DWI - Florida
More details to this question:
I was stopped for no bike lights but showed that indeed I was using regulation lights. Then deputy said he stopped me for riding against traffic.Everyone must ride against traffic as there is no sidewalk or bike lane on other side of street.Little to no street light on this road.
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1 ANSWER

Personal Injury Attorney serving South Pasadena, FL at The Law Offices of Charles D. Scott PLLC
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You certainly can get a DUI on a bicycle in Florida. The public policy behind this law is that you may hurt yourself or cause a traffic accident by riding your bicycle while impaired.  The facts you have mentioned pertain to the basis for the traffic stop and not whether you were impaired. A police officer does not have to have probable cause to make a traffic stop, only a reasonable belief that you violated a traffic law. Once he is in contact with you if he has reason to believe you are impaired, such as smelling alcohol, then he has probable cause to begin a dui investigation.
Answered on Mar 20th, 2013 at 3:33 PM

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