Village of New Lebanon v. Blankenship

In Village of New Lebanon v. Blankenship (Montgomery C.P, 1993), 65 Ohio Misc. 2d 1, 640 N.E.2d 271, the state charged the defendant with a marked lane violation, contrary to R.C. 4511.33, despite the fact that the lanes were not marked and despite the fact that the officer only observed the defendant weaving within his own lane of travel. The court concluded that the officer's observations of the defendant weaving in his own lane did not support a charge under R.C. 4511.33 or R.C. 4511.25. In addition, the key issue in Blankenship was whether the officer could properly stop the defendant under R.C. 4511.33 or R.C. 4511.25 when the officer only observed the defendant weaving in his own lane.