When I review a police report of a client's DUI arrest, I look to see the stated reason for pulling my client over. While there are usually multiple cited reasons, a reason of weaving within the lane is NOT a legal reason to pull a client over. Second, the officer might list weaving or weaving outside of the lane in the report, but a review of the video shows just wearing within the lane
If all we have is weaving within the lane then this stop should be challenged. Under Michigan law, specifically MCLA 257-642 requires that "a vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from the lane until the driver has first ascerttained that the movement can be made with safety"
Further there has been cases where a court has struck down a traffic stop where the driver briefly left the lane, specifically "observation of the motor home briefly entering the emergency lane is insufficient to ive rise to probable cause of the traffic violation"
Read the 35th District Court DUI Survival Guide
If all we have is weaving within the lane then this stop should be challenged. Under Michigan law, specifically MCLA 257-642 requires that "a vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from the lane until the driver has first ascerttained that the movement can be made with safety"
Further there has been cases where a court has struck down a traffic stop where the driver briefly left the lane, specifically "observation of the motor home briefly entering the emergency lane is insufficient to ive rise to probable cause of the traffic violation"
Read the 35th District Court DUI Survival Guide
