Earlier this month, a state appellate court issued a written opinion in a Massachusetts DUI case upholding the defendant’s conviction after affirming the denial of his motion to suppress. Ultimately, the court concluded that the officer’s stop of the defendant was justified based on the officer’s observations that the defendant’s vehicle drifted across the right fog line for two or three seconds.
According to the court’s opinion, an officer stopped the defendant in the early morning hours on Route 202 after he noticed the defendant’s vehicle drift over the right fog line for a few seconds. Upon the officer’s approach and subsequent discussion with the defendant, the officer concluded that the defendant was likely under the influence of drugs or alcohol. Thus, the officer arrested the defendant for DUI.
The defendant filed a motion to suppress all evidence obtained as a result of the stop, arguing that the officer did not have a basis to conduct the traffic stop. A video of the incident confirms that the defendant briefly drifted out of his lane for a few seconds before returning to his lane. Other than that brief departure, the defendant’s driving was not called into question. The lower court granted the defendant’s motion, holding that “crossing a fog line one time for a few seconds does not constitute a marked lane violation.” The prosecution appealed.