San Francisco DUI Attorney Case Law Updates On Reasonable Suspicion

 Posted on June 19, 2012 in DUI

State of Montana v. Cameron , - P.3d - -, 2011 WL 5353102 (Mont.), 2011 MT 276

Though driving on the centerline several times was not a violation of law per se , it did constitute sufficient grounds for an experienced DUI officer to stop a vehicle at night.

Note : if there is one common theme that can be drawn from the plethora of cases on the subject of stops, lane lines and weaving, it appears to be as follows: While a brief momentary crossing of a lane line may not be a violation of the improper lane usage law (when there is no danger to others on the roadway) and hence may not form a reasonable basis for a vehicle stop, continuous weaving (taken in conjunction with other facts such as time of day) can be a stand-alone basis to stop a vehicle as reasonable suspicion of impaired driving.

Hawaii v. Sereno , 125 Hawai'i 246, 257 P.3d 1223 (Table), 2011 WL 2464753 (Hawai'i App.)

Defendant's car was struck by another vehicle and crashed into a house. Though Defendant admitted drinking, the Court affirmed the trial court’s grant of a motion to suppress evidence. The trial court gave no weight to the accident (since fault by Defendant was not shown), and refused to infer a consciousness of guilt by Defendant’s refusal to perform field sobriety exercises.