Vehicle and Traffic Law Section 1128(a) - Example Case

In People v. Davis, 58 AD3d 896, 898, 870 NYS2d 602 (2009), the Appellate Division, Third Department, found that defendant's brief contacts with the fog line by traveling "partially" on the fog line three to four times did not create reasonable suspicion that a violation of Vehicle and Traffic Law 1128 (a) had occurred. The Court reasoned: "we decline to hold that fog line encroachment can never be the basis for a valid traffic stop as a matter of law. However, in this case, we are mindful that the officer only testified to brief contacts with the fog line prior to the stop" (58 AD3d at 898).