Pulled Over in Florida? What to Know About Traffic Stops and Your Rights

By Attorney Ron Frey · Updated October 12, 2026

A traffic stop is the most common way police start a face-to-face encounter with the public in the United States. For many Florida drivers, a stop is the only time they ever deal with law enforcement. Even so, what happens at the roadside can lead to a ticket, a license problem, a vehicle search, or a criminal charge.

Traffic Stops by the Numbers

• The U.S. Bureau of Justice Statistics estimates that about 12.4 million people, or 5.2% of U.S. residents age 16 or older, were stopped while driving in 2022. Another 3.8 million were stopped as passengers. That works out to roughly 34,000 drivers a day.
• Traffic stops of drivers and passengers together account for most police-initiated contacts nationwide.

Source: BJS, Contacts Between Police and the Public, 2022 (Oct. 2024).

Questions Attorney Ron Frey Asks When Reviewing a Traffic Stop

The Fourth Amendment to the United States Constitution protects against unreasonable searches and seizures. In every traffic stop case, Attorney Ron Frey reviews the search and seizure issues and any other constitutional issues that may apply.

From a defense perspective, a traffic stop case often turns on whether each step of the encounter was lawful. In reviewing these cases, Attorney Ron Frey generally looks at four questions.

1. Was the stop (the seizure) legal?

A traffic stop is generally treated as a seizure under the Fourth Amendment. An officer generally needs at least reasonable suspicion of a traffic violation or a crime, and the stop generally has to stay within its purpose and time.

2. Was ordering the person out of the car legal?

During a lawful stop, officers may generally order drivers and passengers out of the vehicle. Whether the stop was lawful to begin with, and what happened after the order, can still matter.

3. Were the field sobriety exercises (FSEs) legal?

Roadside sobriety exercises are generally voluntary in Florida. The basis for asking for them, along with how they were explained, given, and scored, may be relevant to a DUI case.

4. Were the arrest and the search legal?

An arrest generally requires probable cause, and a search generally requires valid consent, a warrant, or a recognized exception. When a stop, arrest, or search was unlawful, a defense attorney may file a motion to suppress the evidence that followed.

Deadlines Are Strict and Short

A traffic citation and a DUI-related license suspension each come with strict, short deadlines to respond or request review. Missing one can lead to a license suspension. Acting quickly, contacting counsel, and attending every required court date are important.

Passengers and Shared Cars

When something is found in a shared vehicle, the State generally must prove that the specific person knew it was there and could control it. Being nearby is not the same as possessing it. Passengers are also considered “seized” during a stop and may generally challenge whether the stop was lawful. See Drug Charges.

Talk to Attorney Ron Frey

Anyone who was cited, arrested, or searched during a Florida traffic stop, or a friend or family member helping them, can call or text (813) 775-2276 or (844) 766-3739 for a free and confidential consultation with Attorney Ron Frey.

This article is general information, not legal advice, and does not create an attorney-client relationship. Laws change.

Sources: BJS, Contacts Between Police and the Public, 2022.