A Paulding county criminal defense lawyer knows that often times the cards are stacked against a criminal defendant. The defendant walks into court already under the perception that he's done something wrong. A lot of times its the officers word against the defendants word. In DUI case oftentimes the officer testifies that the defendant was weaving within or outside his or her lane of traffic. A lot of times these observations will curiously fall outside the time that the officers video is on to record the driving activity. If the officer testified that defendant was weaving within or outside his or her lane of traffic, a Pauling county DUI lawyer will measure the lanes to determine how much space there was on either side of the defendant's vehicle. If the lane is 10 feet wide and the defendant's vehicle was 8 feet wide and for example it would leave only 12 inches of space on either side of the defendant's car. Almost any movement, whether because of a defective steering wheel, a bump in the road, a distraction, including notice in a police car coming up behind, or the changing of a radio station could reasonably explain such a drifting movement without justifying a traffic stop. If defense counsel able to demonstrate that the officer who stopped the defendant's car could not have done so as claimed or was in poor position to make the required observation or was unreasonable in his or her conclusion, a motion to suppress should be made on the basis that the officer lacked probable cause to stop the defendant's vehicle. In these circumstances a victory should be recorded.
