Officer not Required to Foretell Defense In Vinci v. State of Florida, the Second District Court of Appeal addressed 2 issues, the 1st being probable cause for a traffic stop due to lane weaving & probable cause to arrest the suspect for possession of a register drug without a valid prescription. Probable Cause to Make a Traffic Stop Based on Lane Weaving Violations Florida Statute § 316.089(1) states as follows: "Whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following rules, in addition to all others consistent herewith, shall apply: (1) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety." It is important to note that statute 316.089(1) doesn't create a strict liability offense for failing to maintain a single lane. To have probable cause to initiate a traffic stop based on lane weaving, the driver's failure to maintain a lane must create a safety concern or, in the alternative, the driving pattern needs to indicate impairment. This typically will involve frequent lane weaving violations spanning a longer distance. Possession of a Narcotic Without a Prescription In this case, after seeing the defendant weaving for about a mile, and believing him to be DUI, a deputy stopped him. The deputy asked for and the defendant gave him consent to search his vehicle. The deputy found a Xanax inside a prescription bottle which was labeled Suboxone. The officer believed that defendant had committed the crime of possession of a controlled substance, & eventually took defendant into custody for illegal possession of oxycodone & xanax. Defendant filed a motion to suppress and the circuit court held a hearing on the motion. The circuit court ruled in favor of defendant, suppressing the evidence as it was not immediately apparent that the pill was illegal, which it must be to permit confiscation of evidence in plain view, since a person can legitimately have Alprazolam, as opposed to the drug cocaine. The court of appeal reversed, holding that the deputy had probable cause sufficient to seize the pill stating that the possession of Xanax inside of a prescription pill bottle that is not labeled as a Xanax prescription provides prima facie evidence that the defendant is in unlawful possession A valid prescription is a defense, but the officer was not obligated to presume defenses. Further, the lower court did not err in its ruling that the deputy had a reasonable suspicion in order to make an investigatory stop to determine whether defendant was impaired by drugs or alcohol. For additional information regarding Criminal Defense Attorney (http://yourfloridacriminalattorney.com/criminal-lawyer-fort-lauderdale) or Fort Lauderdale DUI Lawyer (http://yourfloridacriminalattorney.com/fort-lauderdale-dui-attorney/) please contact us at: The Law Offices of Michael A. Dye, PA 1 E Broward Blvd # 700 Fort Lauderdale, FL 33301 (954)990-0525