Clients sometimes ask our DUI attorney Concord CA about questionable stops when the arresting officer might not have had a valid reason to make a stop. These include weaving across traffic lanes or driving too slowly. Courts across the nation have ruled differently, so ask our firm about applicable laws in the state.
Veering across Lanes of Traffic
In some cases, the authorities are allowed to stop a driver who weaves back and forth across the road. For example, in Kansas, the courts ruled that if the driver is speeding and crosses the center line three times, then the police can initiate a traffic stop. However, other jurisdictions have ruled that the authorities cannot conduct traffic stops for weaving. For example, a court in Florida found that when no traffic was in the area, the driver could veer off the right hand side of the road three times. In Maine, the court ruled that the police could not initiate a traffic stop, even when the driver drove down the middle of the road. Our DUI attorney Concord CA knows how these laws are applied in the state.
Driving Below the Speed Limit
In some places, officers can stop a person for driving below the speed limit while in other locations, the officer cannot conduct a traffic stop for the same behavior. For example, in Georgia, the courts ruled that the driver's slow speed on a highway was a safety risk to those in the area. Even so, in a separate court in the state, police could not stop someone who was driving 25 to 30 miles below the speed limit, especially if a highway does not have a specified minimum limit. Our DUI attorney Concord CA can address your concerns about the specific laws in the state. In another location, the motorist reacted too slowly at a traffic light and sat there instead of proceeding through a flashing red light. Even after an officer honked at the driver, he still failed to move. The court ruled the stop was justified. However, in New Jersey when a vehicle sat at the light for just five seconds, the court found in favor of the defendant.
Contact Our DUI Attorney Concord CA
If you feel that the officer might have conducted an illegal DUI stop and arrest, call our DUI attorney Concord CA at the Law Office of Blackie Burak. Call us at (925) 933-4500 .