I haven't seen a CA take DWI charges on a reasonable suspicion stop based on a lack of a traffic violation. That said, not all of the NHTSA recognized indicators are actual traffic code violations: driving more than 10 mph under the posted speed limit, swerving within the lane, slow, or poorly aligned turns, prolonged time at a stop sign...etcsrothstein wrote: This is one of the problems I have always had with our courts and laws. I can follow the normal person and see him commit a violation, so I can stop him. And if I don't see a violation, it is suspicious behavior and I can stop him for that. Somehow, that seems wrong to me, as a basic principle.
So, in principle I agree with out, but it in my limited experience, charges that are based on a featherlegged stop usually don't go anywhere.