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State v. Rodriguez6/17/2005
hicle's abnormal movement in crossing fog line three times within one mile justified stop), review denied, 889 So. 2d 73 (Fla. 2004); State v. Carrillo, 506 So. 2d 495, 496 (Fla. 5th DCA 1987) (holding stop justified where vehicle weaved within lane more than five times over a quarter mile distance); Esteen v. State , 503 So. 2d 356, 357-358 (Fla. 5th DCA 1987) (stating a traffic stop was justified where vehicle was weaving within lane and moving slower than posted speed).
At 2:00 a.m., Hopkins saw Rodriguez "bl w" out of a driveway or past a stop sign near a bar at an excessive rate of speed, continue to drive down the wrong side of the road across a double yellow center line, and then take a wide swing into the driveway of an apartment complex. Based on these facts, the court erred in ruling that the stop was not justified. Based upon these facts, Hopkins would have been derelict in his duties if he did not stop Rodriguez because there was probable cause based upon objective evidence to believe Rodriguez violated several Florida traffic statutes. The trial court erred in ruling otherwise.
REVERSED and REMANDED.
PALMER and ORFINGER, J.J., concur.
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