Many drivers believe that if a police officer sees them “weaving” within their own lane, it is an open-and-shut case for a DUI stop. However, as Top Tier Los Angeles DUI Attorney Matthew Ruff proved in a high-stakes DMV hearing, weaving within a lane is not always illegal.
In a recently highlighted case, Mr. Ruff successfully overturned a potential license suspension for a client who blew a 0.15% B.A.C.—nearly double the legal limit. Here is how he turned a “losing” hand into a total victory by focusing on the law, not just the numbers.
A Matter of Principle: Following the Constitution
Before diving into the legal mechanics, it is important to understand the philosophy behind this defense. Matthew Ruff does not condone driving under the influence. Public safety is paramount; however, he is a staunch advocate for the principle that the police must follow the law and the Constitution. If law enforcement is permitted to ignore the rules of the Fourth Amendment to secure an arrest, the rights of every citizen—sober or otherwise—are at risk. Attorney Ruff’s work ensures that the system remains accountable and that “reasonable suspicion” remains a high bar, not a moving target.
The Legal Trap: “Weaving” vs. Probable Cause
The prosecution felt they had a solid case: two breath tests recorded at 2:56 AM and 3:01 AM both showed a 0.15% B.A.C.
However, Matthew Ruff shifted the focus away from the breathalyzer and toward the initial stop. The arresting officer claimed the driver was “weaving within the lane.” Mr. Ruff argued that this, on its own, does not meet the legal threshold for a traffic stop.
The Winning Argument: The Solovij Standard
The law is clear: an officer must have a “reasonable suspicion” of criminal activity to pull you over. Solivij v. Gourley, (2001) 87 Cal.App.4th 1229. In this case, Mr. Ruff utilized the Solovij case precedent, which establishes a critical protection for drivers:
• Staying in the Lines: Merely drifting or “weaving” within the boundaries of a single lane is often a normal part of driving and does not necessarily indicate impairment.
• Lack of Articulation: The officer failed to describe a specific, dangerous driving pattern. Simply saying a car was “weaving” without crossing lines or endangering others is legally insufficient.
The Judge agreed with Attorney Ruff, “weaving within a lane” is not necessarily a violation of the law! In support of his argument Matthew cited to a Federal case:
“If failure to follow a perfect vector down the highway or keeping one’s eyes on the road were sufficient reasons to suspect a person of driving while impaired, a substantial portion of the public would be subject each day to an invasion of privacy” US v. Lyons (10th Cir. 1993) 7 F.3d 973
The DMV Legal Ruling: “Officer Campbell failed to articulate the driving pattern which would substantiate the stop. Weaving within the lane is not adequate, and the Solovij case requires that the reason be articulated fully…”
The Final Result: Evidence Set Aside
Because Defense Attorney Matthew Ruff proved the initial stop was unlawful, the DMV could not use the 0.15% B.A.C. results against the driver. The Driver Safety Officer officially ordered that the administrative action against the respondent’s driving privilege be dismissed and set aside.
The client walked away with their license intact and their driving record clean because Attorney Ruff held the Government ((DMV) to the letter of the law.
Key Takeaways for Drivers
This case serves as a powerful reminder:
1. Police Must Have a Reason: You cannot be pulled over for “weaving” unless that weaving is pronounced, continuous, or violates a specific traffic law.
2. The Stop is Everything: If the stop is illegal, the evidence (like a breath test) often becomes inadmissible.
Matthew Ruff’s victory highlights why Matthew is referred to as the “Master of DUI Defense” and the importance of an attorney who understands that defending a client is also about defending the legal standards that protect us all.
Matthew Ruff is a DUI Lawyer in Torrance, with offices throughout Southern California and Los Angeles County.
Office Locations
Matthew J Ruff, Long Beach DUI Attorney
444 W. Ocean Blvd.
Long Beach CA 90802
(562) 473-5390
Matthew J Ruff, DUI Attorney
18411 Crenshaw Blvd.
Torrance CA 90504
(310) 527-4100
Matthew J Ruff, San Pedro DUI Attorney
222 W. 6th St.
San Pedro CA 90731
(310) 514-0877
Matthew J. Ruff, DUI Attorney
333 S. Grand Avenue
Los Angeles CA 90012
(877) 213-4453
Matthew J. Ruff, Huntington Beach DUI Attorney
17011 Beach Blvd.
Huntington Beach CA 92647
(877) 212-2090
Matthew Ruff, DUI Defense Lawyer -Santa Monica Office
100 Wilshire Blvd.
Santa Monica CA 90401
(877) 213-4453
