July 20, 2012 By Matthew Wallin

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 common reasons for traffic stops that result in DUI arrests in San Bernardino. One of the most common reason for a traffic stop is allegations of “weaving within the lane.”

San Bernardino 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 3/4 of a mile. Courts have also found that “continued weaving” within the lane justified a 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 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 weaved within the lane.

If you have been accused of a DUI in San Bernardino, you will need an experienced San Bernardino DUI defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of DUI for over 30 years. Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.

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