Florida Criminal Attorney Blog
According to news reports, the former Gainesville, FL, and Alachua County resident was charged with DUI after a traffic stop in Nashville, Tennessee, where it was alleged the former UF Gator was speeding and swerved several times. Kearse refused the breathalyzer or breath test, but during the criminal investigation, he allegedly made an admission to police that he drank one vodka with Red Bull.
According to reports, a field sobriety test was also conducted, but Kearse did not perform to the officer’s satisfaction.
If the stop of Kearse’s vehicle occurred in Gainesville, where Florida Law applies, a Judge would have to determine whether the Police had Probable Cause to believe a traffic infraction had occurred (example – speeding or weaving) OR whether or not the Police had Reasonable Suspicion to believe a crime was occurring (example – DUI)- which could justify the reason for the police pulling over Kearse.