Probing the Defendant’s Pretext Stop

Law enforcement agents commonly cite simple traffic violations as the basis for detaining motorists suspected of driving under the influence. If police officers arrest the motorist for DUI during a traffic stop, a South King County DUI attorney may be able to argue that the detainment was unjustified.

Pretext Stops

A South King County DUI attorney will recognize that a “pretext stop” is a vehicle stop conducted by law enforcement officers under the guise of a supposed minor traffic violation. The officers’ real motivation is often to search for drug paraphernalia.

Weaving Within a Lane as a Justification

An experienced South King County DUI lawyer can explain to clients that police officers frequently use weaving within a driving lane as justification for detaining motorists.

States’ Stances on Weaving: California vs. Texas

South King County DUI attorneyNot all states have the same laws regarding weaving within a lane, so a South King County DUI lawyer must stay up-to-date on each state’s most recent legislation.

In California:

  • Court history dictates that police officers can stop a motorist suspected of DUI when the weaving continues for a significant expanse of road.
  • In one case, the state determined this expanse to be ¾ of a mile (although a South King County DUI attorney may argue that ¾ of a mile is not a significant distance).

In Texas:

  • Courts have found that weaving within a lane does not warrant a pretext stop in certain instances.

Contact Us

Were you charged with DUI following a pretext stop? If so, a South King County DUI attorney may be able to determine whether your stop was justified. Call South King County criminal attorney at (253) 709-5050 today.

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