As Garden State DWI and drug DUI defense lawyers, my colleagues and I often remind potential clients that when a police officer makes a traffic stop the action itself can be construed as a “seizure” within the legal definitions stated in the Fourth and Fourteenth amendments of the United States Constitution. As most every legal professional knows, over the years there has existed some doubt as to what truly constituted a valid traffic stop. But these doubts were essentially wiped away following the landmark Supreme Court decision of Delaware v. Prouse.
One of the more popular reasons, at least among police officers, for stopping many a motorist is the common moving violation known as failure to maintain one’s lane; this justification for making a routine traffic stop is second only to pulling a car or truck over based on one of the more typical vehicle equipment infractions, such as a burned out headlight or taillight (in fact, if you find yourself driving a vehicle with a burned-out or broken lamp anywhere on the car or truck, be prepared to have a state trooper or municipal patrolman stop you on the roadside).
When it comes to common moving violations – mainly, straying from one’s lane — drivers who find themselves having a difficult time staying within the lane markers during the evening hours will more than likely end up having a conversation with a law enforcement officer on the shoulder of the roadway. If it’s simply a matter of fatigue, a motorist may simply get a warning; but if that individual has consumed any alcohol recently, much less admits to the fact, complications will likely arise.