Many Washington DUI arrests begin with a police traffic stop solely for swerving outside the driver’s lane of travel. Washington police rely on RCW 46.61.140 (1), the Washington Unsafe Lane Travel statute, as their legal justification for making such traffic stops late at night of suspected drunk drivers.
However RCW 46.61.140 (1) only requires that drivers remain within their single lane “… as nearly as practicable…” Washington courts have long held that minor incursions over a lane line do not, by themselves, constitute a sufficient basis for a police traffic stop. See, e.g. State v. Prado and State v. Jones. Such unlawful police traffic stops can be challenged in DUI cases and results in dismissals.
Call Lynnwood DUI lawyer Paul Hanson for more information. Call (425) 778-7339.