Unusual Driving and Failure to Maintain a Single Lane Florida DUI Stop.

Unusual driving and suspicion of impairment has been a heavily litigated area in Florida. In recent years the State's ability to use this standard for stops has been curtailed. An example of this is when a defendant was observed by an officer, around 3:00 a.m., weaving from one lane to another. The record does not show the crime with which the defendant was charged, but the officer stopped her because she was concerned that the driving pattern indicated the driver "could possibly be under the influence of—she could possibly be sick. You know, there were numerous other things that could be going on." The defendant moved to suppress the DUI stop on the ground that the officer had no reasonable suspicion to stop her, and the trial court granted the motion, stating that the officer did not specifically suspect DUI and noting that there was no one else on the road. Weaving, or failure to maintain a single lane, may or may not establish reasonable suspicion for a traffic stop. Weiss v. State, 965 So. 2d 842, 843 (Fla. 4th DCA 2007). See also Donaldson and Nicholas which stand for the proposition that for unusual driving or suspicion of impairment The State needs to show a driving pattern. Donaldson v. State, 803 So. 2d 856, 860 (Fla. 4th DCA 2002).Nicholas v. State, 857 So.2d 980 ( Fla. 4th DCA 2003). For a DUI case summary go to Daytona Beach Florida DUI Information.

For a Florida DUI stop for failure to maintain a single lane to be valid it must affect traffic. An officer observed a driver cross the right hand lane three times. No evidence was presented to show that he went far over the line or that any other driver was endangered. The court held that the stop for failure to maintain a single lane was illegal. The court stated that a violation of Florida Statute 316.089 does not occur in isolation but requires evidence that the driver created a reasonable safety concern. Crooks v. State, 710 So.2d 1041 (Fla. 2d DCA 1998). The 5th District Court of Appeals adopted the Crooks standard in Jordan. The Court stated that the statute recognizes that it is not practicable, perhaps not even possible for a motorist to maintain a single lane at all times.Jordan v. State, 831 So.2d 1241 (Fla. 5th DCA 2002). For more information go to Daytona Beach DUI attorney.