Stop Bar Traffic Violations in Florida: Why Six Inches Changed Everything for Daniels
I’m going to get a little nitpicky today, because some of the smallest traffic details are why people end up with felony drug convictions they never saw coming. Most folks assume that if they stop somewhere near a stop sign, they’re fine. The law doesn’t quite work that way, and the case of State v. Daniels illustrates exactly how a few inches in the wrong direction can open the door to a full vehicle search.
Lachadvos Daniels was a passenger in a car that came to a stop near a stop sign. Most of the front tire and the whole hood crossed over the stop bar. The driver stopped — just past the line. Deputy Myers pulled the vehicle over for that reason and no other. He approached, smelled marijuana, waited for backup, and found cocaine in Daniels’s possession. Felony drug charges followed.
Charged After a Traffic Stop for a Minor Violation?
Officers in Florida use minor traffic infractions as a legal hook to fish for bigger charges. If your case started with a stop you didn’t think was justified, call John Guidry at (407) 423-1117.
What Florida Statute § 316.123 Actually Requires
Florida Statute § 316.123(2)(a) says drivers must stop at a clearly marked stop line. Simple enough, right? Daniels thought so too. His argument was that he stopped “at” the line — the front tires were on it, and the rest of the car stayed behind it. He even pulled out a dictionary to argue that “at” means “in, on, or near.”
The Florida 5th DCA didn’t buy it. In State v. Daniels, Case No. 5D13-2352 (Fla. 5th DCA 2014), the court held that stopping “at” a stop line actually means stopping before the line. The court’s reasoning was practical. A stop line protects pedestrians and cross-traffic only if the vehicle stops when its front bumper reaches that line. A big rig truck that straddled the line with its midsection while the cab protruded into the intersection wouldn’t violate the statute under Daniels’s reading. The legislature didn’t intend that result.
The court also made clear this is the law for the 5th District — our home district covering Orange, Osceola, Seminole, Lake, Brevard, and Volusia counties. Daniels controls here.
Three Rules, Three Scenarios
The statute breaks down into three situations, and the same “stop before” principle applies to all of them.
When the road has a stop line painted, your car must stop before any part of it crosses the line. Think of the line as a plane in space. Your vehicle cannot break that plane. Even an inch over it is technically a violation that gives an officer reasonable suspicion to pull you over.
When no stop line is marked but a crosswalk exists, the same logic applies to the crosswalk. Don’t let any part of your vehicle break the near edge of the crosswalk. Pull up close, but don’t cross it.
When neither a stop line nor a crosswalk is marked, you have to stop near the entrance to the intersecting roadway — close enough to see approaching traffic but before you’d enter the intersection itself.
The Real Problem: Officers Use These Violations as Fishing Expeditions
Here’s why I want you paying attention to this. Very few police officers pull someone over because they’re deeply concerned about a tire touching a stop bar. In most of these cases, the officer is looking for something else. They see a car, a driver, a situation that looks worth a closer look, and they wait for any traffic infraction — however small — to give them the legal hook they need to make a stop.
Daniels’s driver crossing a stop bar gave Deputy Myers a valid reason to pull the car over. That valid stop let him approach the window. Approaching the window let him smell marijuana. Smelling marijuana gave him probable cause to search. Finding cocaine led to felony charges. All of it flows from the moment the car’s hood broke the plane of that stop bar.
Furthermore, once you’re stopped for a traffic infraction, you’re in Florida’s stop-and-investigate world. Officers can ask questions, extend the stop for reasonable additional investigation, and use anything in plain view. The fishing expedition starts with the hook, and the hook is often something as small as a tire on a line.
What to Do at a Stop Sign
Stop before the line. Don’t overthink it. Pull up to where you can see clearly, and stop before any part of your bumper touches the painted line. If there’s a crosswalk and no line, stop before the near edge of the crosswalk. If there’s nothing painted, stop before the edge of the intersection.
I know this sounds overly cautious for something that most people wouldn’t even notice. That’s exactly the point. Officers notice, and in Florida, that noticing can turn a traffic stop into a drug case.
If You Want More Related Content
Check out our more videos and breakdown articles covering major updates in Florida defense law. You can also use the links below to stay informed. Learn how to protect your constitutional rights when dealing with law enforcement.
Watch: Understanding Probable Cause and Search Warrants in Criminal Cases
Read: https://jgcrimlaw.com/articles/drugs-found-nearby-not-enough-to-convict/
John’s Takeaways
- Under State v. Daniels, Case No. 5D13-2352 (Fla. 5th DCA 2014), stopping “at” a stop line means stopping before it. No part of your vehicle can cross the line.
- Florida Statute § 316.123(2)(a) applies in three scenarios: marked stop line, crosswalk, or intersection entrance — and the “stop before” rule applies to all three.
- A valid traffic stop, however minor, opens the door to the whole investigation. Officers can approach, ask questions, observe plain view, and extend the stop if they develop additional suspicion.
- Many traffic stops for minor infractions are pretextual. Officers use the infraction as a legal hook to investigate something else they suspect but can’t yet confirm.
- The fix is simple: stop before the line, every time, at every intersection — not at it, not past it, before it.
Stopped for a Minor Traffic Violation That Led to Something More? Call Me.
I’ve been challenging pretextual traffic stops and the cases that follow them in Central Florida since 1993. If what seemed like a minor infraction turned into drug charges or something worse, give my office a call. I represent clients across Orange, Seminole, Osceola, Lake, Brevard, and Volusia County.
Let’s look at how the stop started and find out whether what followed holds up.
John Guidry — (407) 423-1117
About John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 33 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
John Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.