You have had a long day of work and stop by a happy hour with a couple of friends. You have a couple of drinks and decide to head home. On your way home you are driving along, maybe up I-405, and you are staying in one lane. As you are driving, you begin to notice that you are weaving a bit within your lane, even going outside of your lane once.
And then you see the flashing lights behind you and a rush of fear goes through your body (you can see the DUI attorney in Seattle bills just piling up). The police officer pulls you over and says he saw you swerving in your lane, even crossing the line once. He asks if you've had anything to drink, and because you listened to your buddy who is a DUI attorney, you know not to answer his questions. You also know not to do any field sobriety tests or a portable breath test. Based on your driving and alcohol on your breath the officer arrests you for Seattle DUI. Is the arrest valid?
If you said no, you are correct. The Washington Supreme Court has determined that:
Washington State's requirement that automobile drivers remain within a single lane of travel "as nearly as practicable" does not impose strict liability.1 A vehicle crossing over a lane once for one second by two tire widths does not, without more, constitute a traffic violation justifying a stop by a police officer.What this meant in the case the quote is taken from is that not only is the traffic stop illegal, but everything that happened as a result of the traffic stop (i.e. the DUI). In the end, the DUI was dismissed.
Stay tuned to the Seattle DUI Attorney Blog for more helpful information.
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