County Criminal Court: CRIMINAL LAW – Search and Seizure – Stop – Defendant’s speeding and careless driving warranted the traffic stop. – Judgment and Sentence affirmed. Spence v. State, No. CRC 04-3 APANO (Fla. 6th Cir. App. Ct. Nov. 30, 2004).

 

 

 

 

 

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

OF THE STATE OF FLORIDA IN AND FOR PINELLAS COUNTY

 

 

 

ROBERT BRUCE SPENCE, JR.

 

            Appellant,

 

v.                                                                                                                                           Appeal No. CRC 04-00003 APANO

UCN522004AP000003XXXXCR

STATE OF FLORIDA

 

            Appellee.

______________________________/

 

 

Opinion filed ________________.

 

 

Appeal from a judgment and sentence

entered by the Pinellas County Court

County Judge Shawn Crane

 

J. Kevin Hayslett, Esq.

Attorney for appellant

 

Joseph Werner, Esq.

Assistant State Attorney

 

 

ORDER AND OPINION

 

 

            THIS MATTER is before the Court on Robert Spence’s appeal from a decision of the Pinellas County Court denying his motion to suppress. The defendant pleaded no contest to DUI charges, reserving his right to appeal the denial of his motion to suppress. After reviewing the briefs and record, this Court affirms the decision of the trial court.

            The defendant argues that the police had no valid reason to stop his vehicle. The defendant’s brief states that the sole reason for the stop was that the defendant slammed on his brakes as he approached an intersection and began to swerve within his lane. A review of the State’s brief and the record, however, reveal that there were more facts. It is unclear why defense counsel chose not to address these facts.

            The record shows that two deputies were in separate patrol cars talking to each other out of their windows when they heard the revving of the defendant’s engine and observed the defendant’s vehicle speeding. The deputies, who had experience and training in such matters, estimated the speed at about fifty to fifty-five miles per hour, close to thirty miles over the speed limit. The deputies watched as the defendant approached them. One of the deputies testified that he thought the defendant’s vehicle was going to hit one of the patrol cars as it went right by them. The defendant slammed on his brakes --- causing his tires to screech, the front end of his vehicle to dip down, and his vehicle to swerve. One of the deputies testified that the defendant came to an abrupt stop beyond the stoplight.

            Clearly, under these facts the deputies were justified in making the stop. If the police have probable cause to believe that a traffic infraction has occurred, they may make a traffic stop. State v. Kindle, 782 So.2d 971 (Fla. 5th DCA 2001). Here, they witnessed two infractions. First, they witnessed the defendant speeding. Second, he was driving in a careless manner. In fact, he was given a ticket for careless driving in addition to being charged with DUI. The stop was proper, and any evidence found after the stop should not be suppressed. The trial court was correct to deny the defendant’s motion to suppress. Therefore, the judgment and sentence are affirmed.

IT IS THEREFORE ORDERED that the judgment and sentence are affirmed.

            DONE AND ORDERED in Chambers at Clearwater, Pinellas County, Florida this _____ day of November, 2004.

 

                                                                                    _______________________

                                                                                                James R. Case

                                                                                                Circuit Judge

 

 

 

 

                                                                                    ______________________

                                                                                              Nancy Moate Ley

                                                                                                Circuit Judge

 

 

 

 

                                                                                    ________________________

                                                                                                John A. Schaefer

                                                                                                Circuit Judge

 

 

cc:  State Attorney

 

       Judge Crane

 

       J. Kevin Hayslett, Esq.