Lane Weaving And Dui Stops

By Author: M. Dye
Total Articles: 4
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Probably the most common explanations given by law enforcement officials for conducting a DUI traffic stop is that the operator of the car was "weaving" while he was driving or "crossing over" the marked lane lines. However, under Florida Law, merely swerving across lane lines is not always a legally sufficient basis for an officer to initiate a traffic stop. Whether the lane weaving constitutes a legally adequate basis to initiate a traffic stop depends upon the totality of the circumstances.For the police to conduct a traffic stop the officer making the traffic stop is required to have one of the following 1) probable cause to believe that a law has been violated by the driver of the automobile being stopped; 2) reasonable suspicion to believe that a traffic law has been violated; or 3) that the driver of the vehicle to be stopped is involved in criminal activity. Basically, the police officer must witness the operator of a car either 1) break a traffic law or 2) have a basis to believe that the driver is impaired. ...
... Pursuant to Florida Law, crossing a lane line without signaling isn't a traffic infraction unless it interferes with other traffic. For that reason, if a driver is the only car on the road and weaves over a lane line and then corrects right back to his lane, that driver has not committed a traffic infraction. Absent further evidence, there would be no legally sufficient reason for the officer to conduct a traffic stop.On the other hand if a police officer were to witness a automobile weave over the lane line and thereafter follows that vehicle for a distance consistently observing the automobile crossing over the lane lines that would be considered a "driving pattern." If the police officer witnesses a driving pattern that , based upon his training and experience, is indicative of DUI, the officer would have reasonable suspicion to believe that the driver is involved in criminal activity. Consistently weaving across lane lines is considered to be a "lack of vigilance" and has been held to be indicative of DUI. The salient distinction that must be observed is whether the weaving can be described as one time occurrence or amounts to a driving pattern. The distinction lies in whether the weaving occurrence was an isolated incidence or whether it was repetitive. Michael Dye is a Broward County DUI Attorney with offices in Fort Lauderdale, Florida. For more information or to schedule a meeting, please call (954)745-5848 or Click Here.