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STATE, DEPT. OF HIGHWAY SAFETY v. DEAN

No. 5D15-2038.

175 So.3d 939 (2015)

STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Nicole DEAN, Respondent.

District Court of Appeal of Florida, Fifth District.

October 9, 2015.

Attorney(s) appearing for the Case

Stephen D. Hurm , General Counsel, and Jason Helfant , Senior Assistant General Counsel, Department of Highway Safety and Motor Vehicles, Lake Worth, for Petitioner.

Matthew S. Aungst , of Hale, Hale & Jacobson, P.A., Orlando, for Respondent.

While the lower court applied the wrong standard of law to justify a stop of a motor vehicle — probable cause, rather than reasonable suspicion — we find, under the "tipsy coachman" doctrine, that the trial court reached the proper result and deny the petition for writ of certiorari. See Robertson v. State,

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