While there are almost an unlimited number of reasons an officer may use as a basis for conducting a vehicle stop, there are a few regularly recurring reasons for enforcement stops that result in DUI charges. One of the most common reasons for a traffic stops is allegations of “weaving within the lane.”
Weaving within the lane—Courts have found that weaving within the lane provides an officer with reasonable cause to stop a vehicle on suspicion of driving under the influence where such weaving continues for a substantial distance. In one California case, the substantial distance was ¾ of a mile. Courts have also found that “continued weaving” within the lane justified the stop.
Other courts have found that weaving within the lane did not permit detention of the vehicle or that touching the lane is not weaving out of the lane and is not a violation of the law. In one Texas case, an officer followed the driver for approximately a mile and a half. The officer estimated he saw the driver’s vehicle weave within the lane between two and seven times. The court found the detention unlawful particularly in light of the fact that the officer was not certain how many times the driver had weaved within the lane.
If you have been accused of a crime in Southern California, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of this crime for over 40 years. Call us today at (888) 749-0034 or visit us at our website at www.wklaw.com. We will be there when you call.
The reason for the stop is a crucial element of a “lawful” arrest. Stops that are not based on probable cause or reasonable suspicion can be deemed illegal and thus the case could be dismissed. If the “reasons” for the stop can be attacked by independent witnesses or photo’s, a 1538.5 Motion To Suppress Evidence should be filed.