Did you know Crossing a Lane Marker without Signaling is not always Illegal?

Oftentimes police pull people over for crossing over the fog line lane marker and subsequently gather enough information to charge that driver with DUI or DWI.   In Illinois this issue has been addressed and the Appellate Court there has held this to be an improper basis for a stop.   

In the case of People v. Leyendecker, 272 Ill.Dec. 543, 787 N.E.2d 358 (2 Dist. 2003),  the Defendant driver crossed the fog line on the right edge of the roadway for just a brief period of time.    A police officer pulled him over and gathered evidence to be used against him in court for the offense of Driving Under the Influence of Alcohol (DUI), also known as Driving While Intoxicated (DWI).  The driver’s attorney did not believe this was a good or proper stop under the constitution and brought a 4th Amendment challenge to the stop.  

Typically, a police officer needs probable cause to stop a driver before investigating for DUI or DWI.   This usually comes from violations of a state’s vehicle code.    Traffic violations such as Speeding, Failure to Signal or Reckless Driving usually amount to this qualified probable cause.  With the driver charged with DUI in the Leyendecker case, the appellate court approved of the ruling by the trial judge who stated that a brief crossing of the fog line was not enough to give an officer “reasonable suspicion” that the driver had violated the vehicle code.    

As a result, the charge of DUI had to be dismissed because the stop by the police officer was found to be improper.  If you are ever charged with a DUI or a DWI, the first point of inquiry for your attorney should be whether the officer had “probable cause” or a “reasonable suspicion” to pull you over in the first place.    A serious charge like DUI or DWI must begin with a serious and valid basis for a stop, and, sometimes as we’ve seen in the Leyendecker case, officers don’t always have those reasons. 

It is important to retain an attorney who is highly experienced in Illinois DUI law.  In addition, your attorney must be familiar with the county in which you are charged.  Your Lee County DUI Attorney may be able to challenge various portions of summary suspension.  In addition to challenging the suspension, your Lee County DUI Attorney may able to have the criminal case dismissed or reduced from a DUI.

Can You be Stopped for DUI or DWI for Driving Too Slow?

Police have sometimes been known to pull people over for driving too slow, or driving well below the posted speed limit, and subsequently gaining enough information to charge that driver with Driving Under the Influence of Alcohol (DUI) or Driving While Intoxicated (DWI).

Many people would think that driving slow and cautiously would be a good thing, but this was not the case in the People v. Rotkvich, 195 Ill.Dec. 424, 628 N.E. 2d 888 (1 Dist. 1993).    In Mr. Rotkvich’s case, his cautious and slow driving led to a DUI arrest.    The police officer in that case could not point to any specific violation of the traffic laws so decided to pull the driver over for driving too slow.    After the stop, the officer gathered enough evidence to make an arrest.

Thankfully for the driver, the Appellate Court found that slow driving by itself is not illegal, especially in the absence of a posted speed limit.    The court found that the officer’s decision to make the stop of the driver’s vehicle was without proper or “probable” cause.   The driver was not impeding traffic and there was not a minimum posted speed limit.   The officer could not point to any statute in the law books or the vehicle code that demonstrated the driver was breaking the law.   

The DUI was dismissed before it ever got to a jury trial because of protections afforded by the Constitution. 

If you or someone you know gets charged with a DUI or a DWI, the first question that should be asked by a good and competent attorney is did the officer have “probable cause”, or a good reason, to make the stop in the first place.    A serious charge like DUI or DWI must begin with a proper stop, and, sometimes as we’ve seen in Mr. Rotkvich’s situation, police officers don’t always have valid reasons.

It is important to retain an attorney who is highly experienced in Illinois DUI law.  In addition, your attorney must be familiar with the county in which you are charged.  Your Lee County DUI Attorney may be able to challenge various portions of summary suspension.  In addition to challenging the suspension, your Lee County DUI Attorney may able to have the criminal case dismissed or reduced from a DUI.