Harrington v. Department of Highway Safety & Motor Vehicles
Harrington v. Department of Highway Safety & Motor Vehicles
Concurring Opinion
Concurring.
I fully concur in the denial of this petition for certiorari review. I write to explain that the petitioner’s reliance on Crooks v. State, 710 So.2d 1041 (Fla. 2d DCA 1998), is misplaced. A headnote to that opinion overstates and oversimplifies the holding in the case, which I happen to have authored. Mr. Crooks was not
I do not regard Crooks as even persuasive precedent in a case where an officer stops a car late at night because the driver is weaving in a lane and there is no basis to believe that the driver is avoiding other traffic. Even when a vehicle manages to stay within a single lane, there are patterns of driving that an experienced officer may rely upon to establish reasonable suspicion that the driver is impaired. That suspicion allows the officer to conduct a brief traffic stop to determine whether the officer has probable cause to arrest the driver for DUI.
Opinion of the Court
Denied.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.