PLA 3108 Lecture Notes - Lecture 4: National Highway Traffic Safety Administration, Miranda Warning, Breathalyzer

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Most important fact that could help my side was it is not stated whether the office read the defendant his miranda right upon arrest. I think a question that also helps me would be if the field sobriety test was conducted under the national highway traffic safety administration protocol. One argument was that the stop was necessary because of the concern for the defendant and others. He worried that the driver was drunk or asleep, or the car had mechanical issues. The defendant argued if the stop was necessary and his motion to suppress should have been granted. Court supports the trial court"s finding and rules that the stop was justified due to the concerned health of the defendant: i would use the crooks v. state case to argue my position stating the florida statute. 316. 089(1) to inform them that the defendant did not move over any great distance into the emergency lane.

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