Slow Driving and DUI Traffic Stop
California Highway Patrol Officers are trained to watch out for slow drivers as a potential indicator of impairment. Occasionally, prosecutions for DUI arise from a traffic stop where the sole reason for the stop was a driver driving below the speed limit!
If no other reason exists to justify a traffic stop, and a driver is otherwise driving safely with no weaving under the speed limit, a challenge should be made by filing a motion to suppress evidence under Penal Code 1538.5. This motion, if granted, would result in a dismissal of DUI charges.