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January 10, 2012

Straddling Two Lanes Does Not Justify Stop

Many people find themselves with criminal charges after a routine traffic stop. If an officer initiates a traffic stop, such officer will likely investigate for criminal activity.

If you find yourself arrested after a traffic stop, the first question your criminal attorney should be asking is, why did you get pulled over. If there is no legitimate reason for the stop, there may be no basis to prosecute you.

In a recent case in Tennessee that was decided in Federal Court, United States v. Gross, the court held that a slow lane change where the person’s vehicle straddled two lanes for a few seconds while changing from one lane to another without further erratic or improper driving does not give rise to a legitimate stop.