Routine traffic stops in Florida are an unfortunate, only necessary aspect of life. Police enforcement officials are charged with keeping our roads safe — and sometimes, that means pulling over drivers who do not announced to comply with the rules of the road. In plough, however, officers must act respectfully and bide past drivers' rights. When either drivers or officers pace out of line, they risk escalating the state of affairs.

The Sandra Bland case, below, demonstrates the need for anybody, including Northwest Florida residents, to have an agreement of what happens during a traffic terminate. Armed with this information, drivers tin can better conduct themselves in a way to protect their rights and properly assume the responsibilities given to them. Information technology is also critical that citizens sympathise a police officer's rights and responsibilities during a routine traffic stop in Florida.

Sandra Bland Instance

On July 10, 2015 Sandra Bland, 28 years of age, was driving in Waller Canton, Texas. She had accepted a new job offer that brought her from Illinois dorsum to Texas, where she had attended college at Prairie View A&Grand University.

Trooper Brian Encinia pulled Bland over for allegedly failing to signal a lane alter. According to audio and video evidence made public by the authorities, the two parties got into a heated statement when he asked her to put out a cigarette. She did not comply with the request, and, then, as a effect, Encinia asked her to exit of the car.

Over again, Bland refused to do equally ordered, stating that she was not under arrest for any legitimate reason. The officer then placed her under arrest, plainly for refusing the lawful social club to exit the vehicle. Somewhen, the officeholder forced the adult female out of the automobile, using a stun gun.

Bland died 3 days later, in a solitary jail cell. Official reports indicate the cause of death to be asphyxiation during a successful suicide.

Sentinel the police dashcam courtesy of U.s. Today here:

What Went Wrong Here?

Officers must inform drivers of the exact reason for the traffic stop. And, in the case of an arrest, the Supreme Courtroom, in Miranda vs. Arizona (384 U.Due south. 436), 1966, acknowledged the need to country explicitly the criminal charge and the rights that the alleged criminal has to defend themselves against prosecution.

In the Bland case, many things announced to take gone incorrect. Get-go, an officer should e'er attempt to de-escalate the situation. Officeholder Encino failed in this regard. His concrete removal of Bland from the car left her with physical injuries that seem unnecessary when ane considers that the original infraction was merely declining to properly bespeak a plow. Even with a poor attitude and lack of respect for the officer, his behavior and demeanor from the moment of contact did footling to ease the tension.

Traffic Terminate Nuts: What You Should Know

During routine traffic stops, both officers and drivers must carry themselves respectfully and according to both local and federal laws. On the officer'southward terminate, this means informing the driver of the verbal reason for the traffic finish. In the consequence of an abort, the officeholder should state the criminal charges besides as the alleged offender'southward rights.

In plough, the driver should comply with any reasonable requests. These could include requests for proof of identification or for the driver to pace out of the vehicle. Drivers who refuse to comply risk violating Florida Country Law 316.072 (3), which refers to the willful refusal to comply with lawful orders as a second-caste misdemeanor. A conviction under this criminal offense could result in upwards to 60 days imprisonment, along with any other sentences arising from the traffic finish.

Examples of Dangerous Escalation in Routine Traffic Stops in Florida

In recent years, several routine traffic stops gone wrong take striking headlines. As mentioned earlier, in 2015 a seemingly basic cease prompted by a driver's declared failure to use her turn bespeak ended with the utilise of a stun gun. Audio and video evidence revealed that driver Sandra Bland argued with the arresting officeholder when asked to put out her cigarette. She also refused to exit her vehicle upon request. She died three days later, with reports indicating suicide-related asphyxiation. In fact, new video recently emerged from her cell telephone during the traffic terminate.

More recently, Sergeant David Stang and an accompanying constabulary dog were shot in an incident that began with a typical traffic cease. Pinellas County Sheriff Bob Gualtieri later explained, "It was an original traffic stop that he escalated and turned into something, then he tried to kill a deputy…these are always the calls you dread." Both the officer and the 1000-9 lived, only the doubtable fled the scene and eventually died of "what appeared to be a cocky-inflicted gunshot wound."

How to Avoid Problems

It's merely natural to feel bellyaching during routine traffic stops in Florida, but information technology'due south ever best to remain calm. Routine stops often turn into full-blown arrests due to angry outbursts. A variety of problems tin can best be avoided past post-obit these simple suggestions:

  • Speak respectfully
  • Comply with the officer'due south instructions
  • Avoid excessive or unnecessary questions
  • Avoid concrete displays of anger
  • If an officer behaves unprofessionally, note his or her identification number and file a report subsequently

John F. Greene Destin Florida Attorney

Seeking Assistance For Florida Traffic Stops Gone Incorrect

No thing how you conduct, at that place is e'er the potential for a traffic stop to end badly. In such situations, information technology is critical that you affirm your rights with the help of a trusted criminal defense lawyer. Destin defense attorney John F. Greene volition human activity every bit your loyal advocate, offering the ambitious and strategic representation needed to bring your case to a successful close. Get started today by calling 850-424-6833 or scheduling a example consultation.