A pretext stop refers to a situation in which a law enforcement officer stops a vehicle for what is usually a minor traffic violation, but the true motivation is to investigate a potentially more serious offense. Pretext stops are often used by officers when they suspect drivers of DUI offenses, and the Supreme Court has ruled that they are permissible. In other words, it doesn't matter if you are ostensibly stopped for speeding, improper signaling or some other minor driving infraction. The officer can still make the stop and then investigate for the presence or use of drugs or alcohol.
Weaving as a Pretext for Investigating a Possible DUI
Many times, someone who has been charged with a DUI contacts a Walnut Creek DUI law firm in the hopes that the pretext stop that led to their arrest invalidates it. That is not the case. Among the many reasons for stopping someone who is suspected of operating under the influence, weaving within a lane is among the most common. In most cases, courts have ruled that officers are within their rights to perform pretext stops when weaving within a lane is observed. That's particularly true if the car is observed doing this over a long distance.
Protect Your Rights by Hiring a Walnut Creek DUI Law Firm
After learning that it's typically okay for an officer to perform an initial stop due to weaving or for some other pretext, you may think there's little or nothing a Walnut Creek DUI attorney can do for you. Nothing could be further from the truth. Regardless of the circumstances surrounding your arrest, it's crucial to contact a reputable Walnut Creek DUI law firm right away, and Blackie Burak can help. Call 1-866-BLCKDUI or 9(925) 933-4500 today.