Category: Blog Entries.Local
No matter why you may be swerving or weaving, that usually gives the officer enough reason to pull you over, depending upon how severe it was. That’s definitely something that we will need to discuss. Contact me about your DUI case and we can go over all of your options.
Does it matter why you were weaving if the officer pulls you over for DUI? Let’s talk about that.
One issue that comes up a lot in DUI cases that I handle is the client, or potential client, may have been pulled over for swerving or weaving on the roadway. That may be the reason that the officer’s attention was drawn to you and that may be the sole reason for the stop, is some different swerving or weaving movement. A lot of times my client has an explanation of what they may have been doing that caused the weaving, such as texting or something. You’re not allowed to that, but it’s better than DUI. However, the issue becomes does it matter why you’re weaving or swerving.
Generally speaking, no, it doesn’t matter. The officer needs reasonable suspicion to pull you over. No matter why you may be swerving or weaving, that usually gives the officer enough reason to pull you over, depending upon how severe it was. That’s definitely something that we will need to discuss. If you just had one minor weave within your lane, that probably is not enough to pull you over. However, if you cross the lane dividers or you weave multiple times over a short period of time, then that probably gives the officer a good reason to stop you.
As far as the court is concerned, quite honestly, the court doesn’t normally get into the issue of why you were doing the weaving: whether you were entering something into your phone, talking with a passenger or adjusting your radio. A, it’s very difficult to prove that that’s actually what you were doing. B, the court usually doesn’t care, quite honestly. Because, the issue is not what an all knowing person would know. The issue is what did the officer know when he pulled you over. When he pulls you over, he doesn’t know what you may be doing in the vehicle, so it’s reasonable, typically, to pull you over for weaving or swerving, depending on the severity regardless of why it was happening. If it was happening due to obstructions on the roadway that the officer could see, you were navigating around debris, a pothole or something like that, then I think that does matter. That’s definitely something we should discuss.
If you’re charged with Virginia DUI or DWI, be sure to get my free book and contact my office so we can discuss everything about your case and how I can help.