State v. Gullett

In State v. Gullett (Ohio Ct.App. 1992) 78 Ohio App. 3d 138, 604 N.E.2d 176, a truck twice crossed the right edge line of a lane and was stopped for a vehicle violation. Based on the officer's observations and a field sobriety test, the driver was arrested and charged with driving under the influence as well as with violating the following statute: "'Whenever any roadway has been divided into two or more clearly marked lanes for traffic, . . . the following rules apply: (A) A vehicle or trackless trolley shall be driven, as nearly as is practicable, entirely within a single lane or line of traffic and shall not be moved from such lane or line until the driver has first ascertained that such movement can be made with safety.'" ( Id. at pp. 177-178, 180.) The municipal court sustained the driver's suppression motion, finding that driving over the right edge line was not sufficient justification for stopping the driver, and the state appealed. ( Id. at pp. 177-178.) The appellate court affirmed, concluding that insufficient evidence had been presented to show that the stop was reasonable since no evidence had been presented to show how long the initial crossing lasted, or how far, or by how much the line was crossed on the second crossing; there was no evidence of any other traffic violation to suggest the driver was impaired; and the incident occurred on a road with no other traffic. ( Id. at pp. 179-181.)