Weaving alone does NOT give an officer Probable Cause to pull you over. Weaving must be in an unsafe manner for it to be a traffic violation. But it may be Reasonable Suspicion for DWI if it is combined with other factors.
This picture may rise to Probable Cause because the driver may be weaving in an unsafe manner, causing the driver to the right to take evasive actions to avoid a collision.
Texas Trans. Code §545.060 “Driving on Roadway Laned for Traffic.” states:
(a) An operator on a roadway divided into two or more clearly marked lanes for traffic:
(1) shall drive as nearly as practical within a single lane; and
(2) may not move from the lane unless that movement can be made safely.
Case law clarifies that it would only be Probable Cause for a traffic violation if a vehicle fails to stay within its lane and such movement is not safe or is not made safely. Hernandez v. State, 983 S.W.2d 867 (Tex.App. – Austin 1998, no pet.).
The Harris County District Attorney’s office notified defense lawyers on Wednesday that a crime-scene investigator made errors in 65 cases.
In a newly obtained video, a Houston Police officer is seen balling his fist, punching a woman in the face and slamming her to the floor of a drunk-tank cell after she swung her elbow at the officer while questioning the no-refusal blood test.
The Harris County District Attorney's Office has dismissed 90 pending misdemeanor and felony drug cases after a deputy improperly destroyed evidence at the Precinct 4 Constable's Office.
The Harris County District Attorney's Office is forced to throw out more than 140 cases so far after it was discovered over 21,000 pieces of evidence was destroyed by the Precinct 4 Constable's Office.
The Harris County District Attorney's office is re-evaluating a decade's worth of DWI cases. This comes after the credentials of an expert witness, a toxicology analyst, were called into question.
There are over 1,000 cases under review because of the misuse of evidence. While 142 have been dismissed thus far, there has been a high number of cases in which evidence has been destroyed - most of the cases involving drug crimes.
After and expert's qualifications have been questioned, there are nearly 10 years of DWI cases being under review in Harris County.
After being questioned about her credentials in DWI cases, a woman responds publicly.
Expert witness has been accused of lying on the stand and moved down to a lower level position.