In the context of DUI and the requirement of probable cause to stop a vehicle, an importantly case was decided in the past couple of years that has had a profound effect in DUI law. This case, State v. Prado 186 P.3d 1186 (WA 2008). Previously no Washington Court until Prado ever defined what it meant to drive "as nearly as practicable" in one's own lane and it's significance for the average driver. The pertinent statute, RCW 46.61.140(1), provides:
"Whenever any roadway has been divided into two or more clearly marked lanes for traffic the following rules in addition to all others consistent herewith shall apply: (1) 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."
Tonelli Prado's car on I-5 crossed an eight-inch white line dividing the James Street exit lane from the adjacent lane by approximately two tire widths for one second.
The Court held: "Washington State's requirement that automobile drivers remain within a single lane of travel "as nearly as practicable" does not impose strict liability. (my emphasis) A vehicle crossing over a lane once for one second by two tire widths does not, without more, constitute a traffic violation justifying a stop by a police officer."
The only caveat is, however, that officers have been trained to avoid issues with this law to wit, if they observe only one lane incursion do not be surprised to see in the police report other "observations" that may include weaving in your lane or other "suspicious" behavior. Still, a solid decision and a powerful tool for DUI defendants.
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, Whatcom County DUI attorneys, King County DUI attorneys, Whatcom Island County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
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