"Probable cause" is pretty much in the eye of the beholder. Cops don't think that the standard is very high, and many Texas judges agree. There are situations where even the best judge would find probable cause for drifting across a lane indicator, such as crossing a double line. However, many judges would not find that alone to be enough in the typical situation.
The law recognizes that the cop has a burden to show that such action was unsafe or that it violates a specific law (such as the double line prohibition). Was your freeway exit controlled by a double white line? Obviously, a drift across a lane marker would be hazardous in a fast, crowded boulevard, but not so on the same highway in the lonely time of early Sunday morning.
So, bottom line, your research is wasting your time, because the complexity of the law in this area is hard for even experienced criminal lawyers to understand and apply to each specific fact situation. It’s time for you to gather up photos, maps and drawings so that an experienced lawyer can advise you. I have had numerous cases dismissed after winning a motion to suppress, so yes, it can be done - but we don't win them all.
Failure to maintain a single lane is a violation of the Texas Transportation Code. Police officers can pull someone over to investigate this offense. They can also investigate if they think a driver may have a medical danger. During the detention, if the officers believe a crime was committed, the driver can be arrested.
Once a person is arrested, his/her attorney must file a pretrial Motion to Suppress. A judge then hears the evidence [people testify and/or the traffic stop video is played]. The judge is not allowed to read the police report. If the judge determines there was insufficient evidence to arrest the driver, she will grant the motion to suppress. The case could then be dismissed, but there are exceptions to dismissal.
Talk to a criminal defense attorney about the specific facts in your arrest to see if your case might be worth having a hearing on a motion to suppress.
The use of this information shall not create any attorney-client relationship. As noted, you should seek and retain professional counsel in your local county.
In Georgia, and under the U.S. Constitution, "Probable Cause" is what is required to arrest someone or to hold them in jail. "Articulable Suspicion" of a violation of law or traffic infraction is what is required to initiate a traffic stop under the 4th Amendment, which then leads to a DUI investigation. In Georgia, the Courts have held that weaving within the lane can be "articulable suspicion" of DUI because the legal limit is so low.
Every case is different and the Judge generally has broad discretion to either find an articulable suspicion or a lack of one. DUIs are like snowflakes. Every one is different. So, do yourself a favor and hire a qualified local DUI attorney. You wouldn't do surgery on yourself, so why would you represent yourself in court? The consequences of failure can be equally devastating.
No legal advice should be obtained from this response alone. This response is a matter of attorney opinion only. George C. Creal, Jr., P.C. is Georgia Professional Corporation authorized to practice law in the State of Georgia only and all information contained in this response is intended for use for DUI/DWIs occurring in the State of Georgia. Individuals with DUI/DWIs from outside the State of Georgia should contact a licensed attorney in the state of occurrence of their DUI.
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