Two recent cases from the court of appeals have added to our state's weaving jurisprudence. One of them is a pretty big deal, as I'll explain below. But first, the background. G.S. 20-146 requires that “[a] vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.” Weaving within a single lane does not appear to violate G.S. 20-146 and so is not itself a crime or infraction. Nor is weaving within a single lane, by itself, generally sufficient to provide reasonable suspicion of DWI. In State v. Fields, 195 N.C. App. 740 (2009), The court of appeals considered a stop made by an officer who had followed the defendant for 1.5 miles and “saw defendant's car swerve to the white line on the right side of the traffic lane” three times. The court invalidated the stop, stating that a "defendant’s weaving within his lane, standing alone, is insufficient to support a reasonable suspicion that defendant was driving under the influence of alcohol.” The Fields court did acknowledge that weaving may contribute to reasonable suspicion, and specifically observed that the defendant in that case was not speeding, was not driving significantly below the speed limit, was stopped in the afternoon rather than an "unusual hour," and was not stopped near “any places to purchase alcohol.” See also State v. Peele, 196 N.C. App. 668 (2009) (no reasonable [...]
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