Vehicle drifting or weaving in a lane

Added 11/18/2008

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.