Weaving in the Road: Probable Cause for a DWI Stop
Posted By Steven J. Richardson on January 13, 2009
Any time the police stop a motorist, they must have probable cause to do so. When it comes to drunk driving, this cause is often based on the driver weaving in the road, resulting in one of the tickets being for “failure to maintain lane” under New Jersey statute 39:4-88(b). In the case of State v. Woodruff, a November, 2008, opinion by the Law Division of the New Jersey Superior Court, the judge ruled that in order to constitute probable cause, it is not necessary for the State to demonstrate that weaving in a lane would affect the safety of other drivers. In fact, two instances of observed weaving within a lane constituted sufficient reasonable suspicion for the officer to effect a motor vehicle stop of the vehicle. Questions still remain, however. Are two instances enough under all circumstances? In what period of time must the two instances occur? Can they be two isolated instances of weaving or must they be part of a continuous movement by the vehicle? These questions, asked in the context of the specific facts of the case, might lead a judge to distinguish the Woodruff ruling at trial.
In addition, although not binding on judges throughout the state because the ruling was not made by the Appellate Division of the Superior Court, or the New Jersey State Supreme Court, this case does give some indication of how judges might respond to a defendant’s challenge to the State’s probable cause when it is based on this statute. However, one should also bear in mind that other courts might rule differently under a different set of facts, and an appellate court may also go in a different direction. In the meantime, although weaving is not proof of intoxication (it could be due to fatigue of the driver or other cause besides impairment), the stop that results from this cause could lead to other motor vehicle violations. For that reason, New Jersey motorists should be aware that a police stop under these circumstances may well be upheld by the courts.
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