Washington State Lane Travel Statute

When people think of impaired driving, they commonly think of a driver weaving all over the road. Having both prosecuted and defended Washington DUI cases for the past 9 years, I can tell you this is a frequent allegation by the officer in their basis for the initial stop of the driver. But what is weaving? Is it crossing outside of a lane by half a vehicle's width nearly striking another vehicle? Is it slowly going back in forth of one's own lane, occasionally touching the lane dividers? Obviously there are large variances in how a person may "weave." And even a driver who is completely sober may weave while driving based on the weather, traffic, a vehicle's own steering alignment or the nature of the road they are driving. The Washington legislature recognizes that a person may go outside their lane of travel by the language contained within its lane travel statute and not be in violation of that law.

A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be removed from such lane until the driver has first ascertained that such movement can be made with safety."

It is obvious from the wording of this statute that a driver is not expected to drive perfectly with a single lane. The use of the language "as nearly as practicable" seems to imply that some minor aberrations in lane travel will occur without a violation of the law and are indeed, anticipated by the legislature. It is common, and expected, that drivers will fail to constantly maintain their lane of travel.

Recently, Division I of Washington State Court of Appeals contemplated our lane travel statute in the case of State v. Prado (Filed 07/07/2008, Docket #59133-9). In Prado, the driver crossed over a lane divider by two tires width for one second while on a highway off ramp. Id. When reviewing case law from other jurisdictions, the Court of Appeals concluded that the Washington legislature's wording "as nearly as practicable" demonstrates "a recognition that brief incursions over the lane lines will happen." What this means is that should a vehicle momentarily cross over the lane dividers for any number of reasons, it is not a legitimate basis for a traffic stop for violation of Washington's lane travel statute.

Now, keep in mind, that if this is accompanied with any other traffic violation or, should the driver be exhibiting any other pattern that leads an officer to a belief that he/she may be impaired, then there may be a legitimate basis for a traffic stop. Crossing outside of one's lane once and then weaving back and forth within the lane may be considered a valid reason to stop a vehicle. But solely and briefly crossing outside one's own lane, as viewed by Washington State's Court of Appeals, is not a permissible basis for a traffic stop.

Free Consultation

I want to personally invite you to contact me to schedule a free initial consultation so that we can discuss your situation, your goals, concerns and life. Call me directly or fill out my form below to get started.

I look forward to talking with you.

Testimonials

"Aaron Wolff took me through the DUI process better than I could have ever imagined. I would counsel EVERYONE who has to go through this situation to give him a call. I learned a great deal with his guidance and I feel very strongly that I came away with absolutely the best results possible in the end. I appreciate all the work he did for me!!"

Terms, Conditions and Contact