Drifting within a Lane Supports MV Stop by Cops – State v. Woodruff
A frequent justification for motor vehicle stops that result in drunk-driving arrests involves the drifting or weaving of a motor vehicle within a lane of traffic in violation of N.J.S.A. 39:4-88(b). In yesterday’s Law Division opinion, State v. Woodruff, a New Jersey court construed the provisions of this part of the statute for the first time in a published decision. The Law Division held that it is not necessary for the State to demonstrate that weaving in a lane would affect the safety of other drivers. The Court also held that two instances of observed weaving within a lane constituted sufficient reasonable suspicion for the officer to effect a motor vehicle stop of the offending auto.
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