In DUI cases across the country, one of the most frequent reasons drivers are pulled over is for a Marked Lanes violation. Laws related to this offense vary from state-to-state. If a police officer observes a Marked Lanes violation, the officer is permitted to make a traffic stop. In Ohio, there has been confusion about what constitutes a Marked Lanes violation. That confusion was recently clarified by a case in the Ohio Supreme Court.
The Case Makes its Way to the Ohio Supreme Court
The case is State v. Turner. In that case, an officer observed the defendant drive on, but not over, a lane line. The officer stopped the defendant and ultimately charged him with DUI (called ‘OVI’ in Ohio). The defendant filed a motion to suppress evidence, claiming that, because he did not actually drive over the lane line, the officer was not authorized to make a traffic stop.
The judge agreed and granted the defendant’s motion. The prosecution appealed to the Court of Appeals, and the Court of Appeals reversed the judge’s decision. The defendant appealed to the Ohio Supreme Court. The Ohio Supreme Court accepted the case to clarify conflicting decisions from Ohio appellate courts.
The Supreme Court Clarifies the Confusion
The Ohio Supreme framed the issue in terms of the Manual for Uniform Traffic Control Devices. That Manual states, “A solid line discourages or prohibits crossing (depending on the specific application)”. The Court reasoned that, because the Manual prohibits crossing the line, touching or driving on the line is not a Marked Lanes violation.
Did the Officer Make a Reasonable Mistake?
The analysis does not end there. Rather than excluding evidence based on an unlawful stop, the Supreme Court sent the case back to the appellate court to determine whether the officer’s mistake was reasonable. If so, the stop would not be unlawful.
The officer’s mistake does not seem reasonable. Officers enforcing traffic laws should know what is prohibited. The Manual clearly does not prohibit touching a lane line. Therefore, the officer in this case should have known that Turner’s driving on, but not over, the lane line did not authorize a traffic stop.
About the Author: Shawn Dominy is a leading DUI lawyer in Ohio and the founder of the Dominy Law Firm in Columbus, Ohio. He can be reached through his law firm’s website: Dominy Law Firm.
