Criminal Defense
Since 1993
Since 1993
The “Oops” Moment: Why a Cop Must Walk Away If He Made a Mistake
By: John Guidry
We all make mistakes at work, right? But it’s hard to admit when we’re wrong. So, what happens when an officer pulls over an Orlando citizen, only to discover soon thereafter that the reason for his stop is no longer valid? Does the officer just continue on, like he did nothing wrong, or leave?
The Answer: He is legally required to leave. Immediately. Lucky for you, our Florida courts have addressed just such an issue.
Did the officer realize his mistake but ask for your ID anyway?
That ID check was illegal. Call John today at (407) 423-1117.
The Case: Sowerby v. State (The Dealer Tag)
In Sowerby v. State, 73 So. 3d 329 (Fla. 5th DCA 2011), the defendant was stopped because his license plate was not in the mounting brackets.
- The Facts: Sowerby was driving on a suspended license (a felony Habitual Traffic Offender charge).
- The Stop: The officer pulled him over because the tag wasn’t bolted to the bumper.
- The “Oops”: As the officer walked up to the car, he realized it was a Dealer Tag. Under Florida law, dealer tags (which are magnetic) are not required to be in the brackets.
The Violation: The officer admitted in court that he realized the tag was legal before he got to the window. But he asked for Sowerby’s license anyway. Because Sowerby didn’t have a license, he was arrested.
The Ruling: Zero Seconds
The Appeals Court suppressed all evidence and threw the charges out. Why? Because of the rule established in State v. Diaz (2003):
“Once a police officer has totally satisfied the purpose for which he has initially stopped and detained the motorist, the officer no longer has any reasonable grounds or legal basis for continuing the detention.”
The “Dissipation” Rule:
- Officer thinks you committed a crime (Invalid Tag).
- Officer sees he was wrong (Oh, it’s a Dealer Tag).
- The Stop Must End.
The officer had no legal right to ask for Sowerby’s license because the “Reasonable Suspicion” had evaporated before he reached the window. His request for ID was an “indiscriminate, baseless detention.”
So now you know how long an illegal stop should take: Zero seconds.
John’s 2026 Update: ALPRs & The “Frame Ban”
Note: In 2011, the officer used his eyes. In 2026, he uses a camera, and the mistakes happen faster.
1. The ALPR False Positive In 2026, police use Automated License Plate Readers (ALPR) that scan thousands of plates an hour.
- The Glitch: These cameras often misread a “D” as an “O” and flag a valid car as “Stolen” or “Suspended.”
- The Defense: If the officer pulls you over based on the alert, but visually confirms the tag is correct before talking to you, Sowerby applies. He cannot say, “Well, the computer was wrong, but let me check your license while I’m here.”
2. The 2025 “License Plate Frame” Ban Florida recently tightened laws banning any frame or cover that obscures any text on the plate (even the “Sunshine State” slogan).
- The Trap: Officers use this as a pretext to stop you.
- The Sowerby Angle: If an officer stops you for an “obscured tag,” but as he walks up he sees that the frame actually doesn’t cover any text (maybe it’s a slim dealer frame), he must abort the stop. If he proceeds to ask for your license/insurance, we file a Motion to Suppress.
3. Body Cam Audio is Key How do we prove the officer knew he was wrong?
- 2026 Tech: We pull the Body Cam footage. We listen for the mutter. If the officer whispers, “Oh, that’s a dealer tag,” or “Wait, that’s a valid decal,” before he knocks on your window, that audio clip wins the case.
Don’t Pay for Their Mistake
If the police made a mistake, they don’t get a “consolation prize” by checking your ID. The law requires them to walk away.
Call me at (407) 423-1117. Let’s suppress the stop.
License plate frames, others targeted in new Florida law This video explains the strict new Florida laws regarding license plate visibility, which are a common trigger for the type of stops discussed in Sowerby.
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 30 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.
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.