Illegal Traffic Stops - How to Beat an Illinois DUI
Weaving in one's vehicle within a lane without crossing any lines is not a violation of the law, and a police officer cannot stop a vehicle on suspicion of DUI for that reason.
If you can beat the stop, chances are you can beat the entire case. Constitutionally, police officers need a valid reason to stop and pull you over. A good DUI defense lawyer will know how to discover and then challenge a bad stop and potentially get the entire case thrown out.
Weaving within one’s lane is a bad stop. Contrary to what many think, weaving within one’s lane is NOT a valid reason for the police to pull you over. Weaving within one’s lane occurs when the vehicle is driving within a single and moves side to side but never crosses the into another lane.
So, for example, if you are pulled over for “Improper Lane Usage” – a petty offense punishable by fine only – but you never crossed over into another lane, then you have done nothing wrong. The police should never have pulled you over, and all the evidence should be thrown out in court.
Improper Lane Usage is a common reason for police to pull you over. Illinois requires a vehicle to “driven as nearly as practicable entirely within a single lane” and “shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.” Nowhere in the law does it state that you cannot weave within the lane.
Attorneys at Ramsell & Kunowski, L.L.C. have had many cases dismissed in which the officer pulled the vehicle over for improper lane usage when the driver was only weaving. Judges will toss out a case because the police violated a client’s constitutional rights.
Attacking the stop is just one step in fighting a DUI case. A competent and knowledgeable Wheaton DUI attorney will know how to challenge this in court. Officers frequently believe they saw a driver go into another lane when in fact the driver never crossed anything. Call Ramsell & Kunowski, L.L.C. now for a free consultation of your case where we can discuss if the police had a valid reason to stop your car.
