Many DUI cases in Ohio begin with a traffic stop for a "marked lanes violation." These stops often serve as the initial contact point that leads to further investigation for impaired driving. Understanding what actually constitutes a marked lanes violation can be crucial if you're facing charges that stemmed from such a stop.

What Is a Marked Lanes Violation in Ohio?

Ohio Revised Code 4511.33 requires drivers to operate their vehicles "as nearly as is practicable" within a single lane of traffic until they ascertain that it is safe to exit the lane. This seemingly straightforward requirement has been the subject of significant legal interpretation by Ohio courts.

The Ohio Supreme Court's Interpretation

The Ohio Supreme Court has provided important clarification about what does and does not constitute a marked lanes violation:

Touching vs. Crossing Lines

In State v. Turner, the Court made a crucial distinction: driving on or touching a line is not a violation of the law. The Court specifically held that "the single solid white longitudinal line on the right-hand edge of a roadway—the fog line—merely 'discourages or prohibits' a driver from 'crossing' it; it does not prohibit 'driving on' or 'touching' it."

This means that merely touching or driving on a line marking your lane is not sufficient grounds for a traffic stop. To constitute a violation, a vehicle typically must cross completely over the line.

"Drifting" Over Lane Markings

In another key case, State v. Mays, the Ohio Supreme Court held that a traffic stop is constitutionally valid when an officer witnesses a motorist "drift" over lane markings. However, the Court also clarified that movement within one lane is not "a per se violation giving rise to reasonable suspicion, nor does inconsequential movement within a lane give law enforcement carte blanche opportunity to make an investigatory stop."

What Constitutes Reasonable Suspicion for a Stop?

Based on numerous Ohio court decisions, here's what typically constitutes sufficient grounds for a traffic stop based on a marked lanes violation:

Generally Sufficient for a Stop:

Crossing a line by more than a tire's width
Completely crossing over the fog line or center line
Crossing both the fog line and the median line
Drifting across lines repeatedly

Generally Insufficient for a Stop:

Driving on (but not crossing) a line
Touching a line with your tires
Minor or inconsequential movement within your lane
Occasional driving on a yellow line without crossing into another lane

Why This Matters for DUI Cases

For those facing DUI charges, the validity of the initial traffic stop is critical. If the stop was based solely on a marked lanes "violation" that doesn't actually constitute a violation under Ohio law, it may be possible to challenge the legality of the entire stop.

If a court finds the initial stop unconstitutional, any evidence obtained during that stop—including field sobriety tests, breath tests, or other observations of impairment—may be suppressed and deemed inadmissible in court.

Common Defense Strategies

If you've been charged with a DUI after being stopped for an alleged marked lanes violation, your defense attorney might consider:

Challenging the Officer's Observations: Was there actually a crossing of the line, or merely touching it?
Video Evidence: Dash cam or body cam footage often contradicts an officer's testimony about lane violations.
Suppression Motion: If the stop was based solely on conduct that doesn't constitute a legal violation, your attorney may file a motion to suppress all evidence obtained from the stop.
Expert Testimony: In some cases, expert testimony about normal driving patterns or vehicle dynamics can help explain why minor lane deviations occur.

Real-World Application

Consider this scenario: An officer stops you claiming you committed a marked lanes violation by "weaving within your lane" and touching the fog line twice. After the stop, the officer detects the odor of alcohol and proceeds with a DUI investigation.

Under Ohio law, merely touching the fog line is not a violation. If the dash cam shows you only touched but never crossed the line, and there were no other valid reasons for the stop, your attorney could potentially have all evidence from the stop suppressed—potentially leading to dismissal of the DUI charge.

Conclusion

Understanding the nuances of marked lanes violations can be crucial if you're facing charges that began with a traffic stop for alleged lane violations. The law in this area is quite specific: touching or driving on a line is not a violation, while crossing completely over a line typically is.

If you've been charged with a DUI following a traffic stop for a marked lanes violation, it's worth discussing with your attorney whether the initial stop was legally valid under Ohio law. The distinction between touching and crossing a line might seem minor, but it could make all the difference in your case.

Remember that each case is unique, and this information should not be considered legal advice for your specific situation. Always consult with a qualified attorney who can provide guidance based on the particular circumstances of your case.

Ohio OVI Defense Attorneys