Earlier this year, a state appellate court issued a written opinion in an Arizona DUI case, discussing when a police officer has cause to pull a motorist over for swerving. Ultimately, the court concluded that the defendant’s driving did warrant the officer’s traffic stop, and thus affirmed the denial of the defendant’s motion to suppress.
The Facts of the Case
A police officer first noticed the defendant’s vehicle because it was traveling 10-15 miles per hour below the posted speed limit. The officer began to follow the defendant, and observed the defendant’s vehicle cross the fog line and travel back and forth from one side of the lane to the other. The officer also witnessed the defendant stop short at two intersections. At all times, the defendant’s vehicle stayed within the lane of travel and maintained a speed between 10-15 miles per hour below the speed limit.
A few moments later, the defendant made a wide left-turn, again staying within his lane. However, after the turn, the officer testified that the defendant started to make “drastic moves . . . like an S,” crossing the fog line and driving into the painted median. The officer pulled the defendant over and eventually arrested him for DUI.