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Criminal Law

: DUI Blog

?I observed the defendant weaving within his lane?

By Lawrence Taylor

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Undoubtedly the most common observation of impaired driving that officers make — and the one most commonly used to justify stopping the driver — is that the suspect was "weaving within the traffic lane", sometimes combined with "erratic driving".  At the same time, e xperienced traffic patrol officers are familiar with a phenomenon which is sometimes referred to as "black-and-white fever"�… That phenomenon is simply the normal reaction of most drivers to being followed by a marked police car (painted black and white in many jurisdictions). As soon as the motorist becomes aware that a police car is following him, he becomes understandably apprehensive and focuses his attention increasingly on the rear view mirror...continue to full post

Full post as published by DUI Blog on January 10, 2011 (boomark / email).

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