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Weaving within a Lane -- Probable Cause for a DUI Stop?

By Neil Shouse, Esq.

It actually depends. Unless there is ?pronounced weaving? for a ?substantial? distance, witnesses by a ?seasoned? officer, the answer will be no. Good news for many California DUI suspects. This is because many officers will admittedly pull over suspected drunk drivers because they are weaving within their lanes. This, the police believe, is a DUI cue, warranting further investigation. But courts have held that this does not rise to the level of probable cause that is necessary to pull a driver over for suspected California DUI charges. ?Probable cause? means a reasonable belief that criminal activity is or was taking place. With respect to driving, it means that the officer reasonably believes that a driver is or has committed a traffic infraction or violation.continue to full post

Full post as published by DUI Blogger on November 18, 2009 (boomark / email).