Forest City, NC asked in DUI / DWI for North Carolina

Q: Can I fight a case in court for reasonable suspicion? (changing lanes without a turning signal in NC (3-4 car lengths))

Officer said I was swerving a little bit, but I simply switching lanes without a turning signal. The law says I can do that if I’m 3 to 4 car lengths from other drivers. Plus, I got a DWI based off of odor of alcohol coming from my car and one breath test.

Related Topics:
1 Lawyer Answer
Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • DUI & DWI Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: The law does not say anything about being any amount of car lengths away - you are not required to signal a lane change, period. It is nice if you do so and courteous - but it is not required that you signal a lane change. However, if the officer stopped you for what they interpreted as 'swerving' then the officer likely has the reasonable suspicion to stop you and it doesn't really matter that you call it 'changing lanes without signaling'. You definitely need to consult with a local experienced DWI attorney but from what you have stated in your question, you are likely looking at a plea if that breath test was over .08. Best of luck.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.