The Fourth Amendment grants citizens the right against illegal search and seizure. How this practically applies to stops by police has given rise to a gamut of legal argumentation, and resulted in a benchmark decision that affects drivers who are pulled over for weaving as evidence of DUI.
People v. Perez (1985)
People v. Perez (1985) established a precedent for matters pertaining to weaving within lanes. Police had followed Mr. Perez for ¾ mile as he weaved as much as two feet in either direction, but remaining within his lane. This led officers to suspect that the driver was under the influence, and Perez was pulled over and subsequently arrested. On appeal it was argued that Perez was unduly searched. While his conviction was upheld, a standard for weaving as probable cause resulted from the case.
Key to the Perez case were the distance over which he was observed by law enforcement and the degree to which he was weaving within the lane. Courts have since generally held that a stop for weaving is permissible only when a substantial distance of observation occurs, and when other traffic is affected.
For a driver who happens to weave a bit in traffic, this finding is important because it offers protection under the illegal search and seizure provision of the Constitution. Often weaving is the result of another issue, such as wheel alignment or a tired driver. Absent substantial weaving over a distance, the officer does not have grounds for a DUI stop. Of course, what constitutes “substantial” distance and weaving can be a matter of interpretation. All the more reason for you to hire a Los Angeles DUI attorney.
Call the DUI Lawyers at Wallin & Klarich Today
If you have been charged with a DUI, the attorneys at Wallin & Klarich are available to assist you. With over 30 years of experience in handling DUI issues, we have a proven track record. Call today at (877) 4-NO-JAIL or (877) 466-5245 for a consultation.
Your Answer
Categories
Latest Posts
RELATED ARTICLES
California DUI Laws | Exploring PC 23152
January 5, 2024 By WK MKT
DUI Checkpoints in Irvine: Your Rights and How to Handle Them
January 2, 2024 By WK MKT
Vehicular Manslaughter vs. Vehicular Homicide
September 22, 2023 By WK MKT
X
Los Angeles County
Los Angeles | Long Beach | Glendale | Santa Clarita | Lancaster | Palmdale | Pomona | Torrance | Pasadena | West Covina | Carson | Santa Monica | Whittier | Lakewood | Redondo Beach | Arcadia | Diamond Bar | Glendora | Cerritos | La Mirada | Rancho Palos Verdes | Culver City | Manhattan Beach | Claremont | Beverly Hills | San Dimas | Walnut | Calabasas | Hermosa Beach | El Segundo | Palos Verdes Estates | Malibu
X
Orange County
Santa Ana | Anaheim | Irvine | Huntington Beach | Garden Grove | Orange | Fullerton | Costa Mesa | Mission Viejo | Westminster | Newport Beach | Buena Park | Lake Forest | Tustin | Yorba Linda | San Clemente | Laguna Niguel | La Habra | Fountain Valley | Anaheim Hills | Placentia | Rancho Santa Margarita | Aliso Viejo | Cypress | Brea | Stanton | San Juan Capistrano | Dana Point | Laguna Hills | North Tustin | Seal Beach | Ladera Ranch | Laguna Beach | Laguna Woods | La Palma | Coto de Caza | Los Alamitos | Rossmoor | Midway City | Las Flores | Villa Park
X
Riverside County
Riverside | Moreno Valley | Corona | Temecula | Murrieta | Jurupa Valley | Indio | Hemet | Menifee | Perris | Eastvale | Cathedral City | Palm Desert | Lake Elsinore | Palm Springs | La Quinta | Coachella | San Jacinto | Beaumont | Wildomar | Banning | Norco | Desert Hot Springs | Blythe | Rancho Mirage | Canyon Lake | Calimesa | Indian Wells
X
San Bernardino County
San Bernardino | Fontana | Rancho Cucamonga | Ontario | Victorville | Rialto | Hesperia | Chino | Chino Hills | Upland | Apple Valley | Redlands | Highland | Colton | Yucaipa | Montclair | Adelanto | Twentynine Palms | Loma Linda | Barstow | Yucca Valley | Grand Terrace | Big Bear Lake | Needles
X
San Diego
San Diego | Oceanside | Escondido | Carlsbad | Vista | San Marcos | Encinitas | Solana Beach | El Cajon | Santee | Poway | La Mesa | Del Mar
X
Ventura
Oxnard | Thousand Oaks | Simi Valley | Ventura | Camarillo | Moorpark | Santa Paula | Port Hueneme | Fillmore | Ojai