A DUI Attorney in Sacramento Explains Courts Are Inconsistent in Their Rulings

DUI lawyer in SacramentoIf the stop was illegal, your DUI lawyer in Sacramento will have great leverage in your case. However, very similar facts and circumstances in comparable cases have led to very different results.

The Pre-Text Stop and Weaving
Weaving can occur within one lane or more often across two or more lanes. A DUI lawyer in Sacramento reports courts have found a police stop was permissible where:

  • The driver was observed weaving within one lane; and
  • Driving across the center lane three times; and
  • Changing speeds intermittently while weaving.

In contrast, in each case below cited by a DUI attorney in Sacramento, the ruling was that an illegal stop had occurred.

  • The driver was observed driving over the right edge of the lane, but the driver did not enter into the emergency lane and no other vehicles were present.
  • The driver was observed straddling the center line for about 50 yards, but the attendant traffic was light.

The Pre-Text Stop and Driving Slowly
Similarly, knowledgeable DUI lawyers in Sacramento understand that a safety hazard may be created by driving slowly, courts sometimes find s stop to be justified and sometimes not.

  • A stop was justified where a driver delayed driving at a flashing red signal for 10 seconds, a police officer honked his horn and the driver delayed another 10 seconds.
  • In contrast, a DUI lawyer in Sacramento cites a case whereby a driver delayed 5 seconds in driving after a light turned green from red and the resultant stop was ruled impermissible.
  • In one case, driving at less than half of the posted speed limit did not justify a police stop.
  • In fact, your DUI attorney in Sacramento can explain that some courts may exclude a stop predicated on driving too slowly if there is no established minimum speed limit.


Contact a DUI Lawyer in Sacramento for a Consultation

The consequences of a DUI conviction are severe. Call Param Pabla, a DUI lawyer in Sacramento, at 916-285-7900 today.
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