The answer is yes. Police can pull you over for swerving, even if you do not swerve into other lanes.
Swerving Into Other Lanes
Police can lawfully pull you over for any violation of the Vehicle Code. Swerving across lanes lines is a violation of California Vehicle Code § 21658.
California Vehicle Code § 21658 requires drivers to:
- Drive as nearly as practical within one lane;
- Change lanes only when it is reasonably safe.
A driver violates this law by driving in two lanes at once (lane straddling), or drifting into a lane when it is not safe.
The punishment for violating section 21658 is a fine. The level of offense is infraction. This means violating this law does not result in jail or prison confinement.
Swerving Inside Your Lane
It is not a violation of the Vehicle Code to drift within one lane. (United States v. Colin (2002) 314 F.3d 439.) In fact, it is normal for a vehicle to move side to side within a lane as it travels. But police can still pull you over for drifting inside a lane. How is this possible?
Answer:
Police can pull you over for swerving because it is considered erratic driving under California case law. Erratic driving gives police reasonable suspicion to believe the driver is impaired. Therefore, police can initiate a traffic stop even though the swerving does not violate the vehicle code.
Examples of “Erratic” Driving:
- Swerving within a lane for 1/2 of a mile (People v. Bracken (2000) 83 Cal.App.4th Supp 1);
- Driving in circles in a parking lot (Marvin v. Dept. of Motor Vehicles (1984) 161 Cal.App.3d 717);
- Drifting 2 feet in each direction inside of a lane (People v. Perez (1985) 175 Cal.App.3d Supp 8).
Summary
Swerving over the lane line is a violation of the California Vehicle Code, punishable as an infraction. It gives police reason to initiate a traffic stop. However, even if the swerving occurs within a lane police can initiate a traffic stop to determine whether the driver is impaired (IE: under the influence of drugs or alcohol or experiencing a medical emergency).
Because vehicles seldom drive perfectly straight, police have the power to stop practically any vehicle.
Do you think this law gives police too much power? You should raise your concerns with your state representative or senator.