Is Weaving Sufficient for Reasonable Suspicion To Be Pulled Over For DUI?
September 10, 2015
DUI Checkpoint - weaving reasonable cause
Is weaving considered reasonable suspicion to constitute a DUI stop?

California Vehicle Code section 21658(a) provides that “A vehicle shall be driven as nearly as practical within a single lane and shall not be moved from the lane until such movement can be made with reasonable safety.” In People v. Butler, the court held that this places two affirmative duties upon the driver of a vehicle:

  1. Drive as nearly as practicable entirely within one lane of travel; and
  2. Not move from that lane until such movement can be made with reasonable safety.

Based upon the specific facts and circumstances of your case, your Orange County DUI attorney will determine whether the officer observed “pronounced weaving” or merely a slight deviation from one’s own lane. Weaving in the roadway, even for a short distance and when the observation is made by an inexperienced police officer, may nevertheless furnish sufficient probable cause for a vehicle stop. However, an experienced DUI attorney knows how to effectively challenge DUI stops based solely on alleged weaving.

Pursuant to the 4th Amendment of the U.S. Constitution, every citizen has a constitutional right against unreasonable searches and seizures. This means that the police cannot stop your car or order you to pull over unless they have a reasonable suspicion that you committed or were about to commit a crime. Make sure you know your rights and that your rights are protected by hiring an experienced DUI attorney.

Contact Wallin & Klarich Today

If you or a loved one have been accused or charged with a DUI in Orange County, it is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling this type of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin & Klarich today at (877) 4-NO-JAIL or (877) 466-5245 to speak to an experienced Orange County criminal defense attorney about your case.

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