Moving within a single lane of traffic or in and out of multiple lanes of traffic while operating a motor vehicle is called weaving. Either type of weaving can have harmful consequences and is, therefore, sometimes a legitimate reason to pull an individual over and ascertain whether he or she is driving while under the influence of alcohol.
As with weaving within a single lane, there is variation from state to state and case to case in terms of whether or not weaving across lanes is enough to determine reasonable suspicion. Different jurisdictions also differ in terms of what constitutes weaving. For example, in Kansas, it was determined that witnessing speed changes, in-lane weaving, and driving across the center line (i.e. weaving outside of a lane) meant that a police officer was justified in making a DUI stop. Other courts, such as one in Florida, have ruled that weaving across lanes is not enough to justify a traffic stop. In the Florida case, because the individual did not drift far enough into the emergency lane and was traveling on mostly empty roads, the fact that the driver drove over the right-hand edge line of the lane three times was not considered enough to have justified pulling him over. In Maine, also partially due to a lack of traffic on the highway, it was found that spending twenty-five to fifty yards straddling the centerline was not enough to justify a stop of the individual in question.
Whatever the specific circumstances of your case, an experienced Milwaukee DUI attorney at Vanden Heuvel & Dineen, S.C. should be able to help you to determine what your best defense will be against the serious charge of DUI. Fill out the form on this page to get in touch with a Milwaukee DUI lawyer who can help you.
Nathan J. Dineen