Is It Legal to Be Pulled Over for Swerving, Weaving or Lane Straddling?
Did you know that there are no sections of the Vehicle Code in the state of California which prohibits swerving or weaving when driving your car? Did you know that weaving in your lane or touching the dividing lines of the lane are not in the Vehicle Code either?
Most motorists do not know that this is the case and many do not realize these facts can provide them with an effective defense if they have been arrested for DUI.
Los Angeles and San Fernando Valley DUI attorney Ross H. Sobel has used these facts to win many cases for his clients in the area for years. If you were pulled over for DUI and the officer mentioned swerving or weaving as reasons for you being pulled over, then getting in contact with an experienced and skilled DUI attorney such as Ross Sobel is highly recommended if you are serious about winning your DUI case.
A DUI attorney like Sobel will be able to go over your case and determine the various aspects of your arrest which may or may not help you in court. DUI court cases are a very complex matter, but a skilled DUI attorney who knows laws inside and out and is familiar with the system will be able go over the details and mount a convincing defense.
One thing a DUI attorney will be able to do is review the complicated Vehicle Code and see how it applies to your case. Fox example, while the above facts could help your case, there are other aspects of the Vehicle Code which could affect your case. A skilled DUI attorney will know that Section 21658 of the California Vehicle Code is defined as a “Lane Straddling” violation.
The violation defines as:
Whenever any roadway has been divided into two or more clearly marked lanes for traffic in one direction, the following rules apply:
(a) A vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from the lane until such movement can be made with reasonable safety.
(b) Official signs may be erected directing slow-moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction, and drivers of vehicles shall obey the directions of the traffic device.
However, a decision in a 2002 court case made it so a driver must do more than just touch the dividing line to be convicted of a “Lane Straddling” violation. If a police officer pulled you over for just touching the dividing line, there is a very good chance your case could be dismissed.
Again, if you were pulled over for simply weaving, swerving, or touching a dividing line, you may have a very good defense in your DUI case. However, it is imperative that you hire a DUI attorney who knows how to convey these defenses in a court of law to give yourself a good chance at winning your case.
Things get more complicated though if the officer believed you were weaving within in the lane for a significant amount of time. Previous cases have established that an officer could have “probable cause” to pull you over if you were weaving in the lane for a large amount of time.
A DUI attorney like Ross Sobel will review your case to determine if the police officer involved in your case had “probable cause” and if what the officer defined as weaving in the lane and the amount of time it occurred are legitimate. There are many complex factors in these kinds of cases, we will take the time to review your case, locate the inconsistencies which work in your favor and put together a defense which can help you win your case. Mr. Sobel has a vast amount of experience working with these kinds of cases needed to get clients the results they deserve.
Sobel is a constant follower of any and all legal proceedings which can play a role in DUI cases like the previous court cases discussed above and is always developing ways to implement these results into his current defenses. He combines these developments with his wealth of experience and expertise to produce defenses which work and secure positive court decisions for his clients. He leaves no stone unturned in his research and is determined to find any detail in a case which may not be fair to a defendant.
“I constantly see cases where a police officer did not have probable cause to pull over a driver who they ultimately arrested for DUI and I do everything I can to defend those drivers,” said Sobel. “I go over each case thoroughly to ensure the officer followed all of the right protocols and to see if the officer made any mistakes which can help my clients.”
A DUI arrest is always a painful experience, but a DUI attorney like Ross Sobel will do whatever they can to ease the pain of the process and give his client the best chance at winning their case. Many people do not think DUI cases can be won, but Sobel hopes more and more people can be informed about the legalities in relations to swerving, weaving, lane straddling, and ultimately the idea of “probable cause.”
“I want every person who has been arrested for DUI to know that they do have a defense and they can win their case.”
Contact Us, We Can Help
The Law Offices of Ross H. Sobel can give you the dynamic defense you deserve if you have been arrested for DUI. Sobel has nearly 30 years of experience and has won countless decisions in the favor of his clients who have been arrested for DUI. He will do everything he can to get you the decision you deserve.
Please call the Law Offices of Ross H. Sobel at 818-582-2350 for your free consultation and to get started on your case.