People v. Lubienski

Defendant was convicted, after bench trial, of DUI. No ineffective assistance of counsel in failure to file motion to quash arrest and suppress evidence. Officer had a reasonable, articulable suspicion to conduct investigatory stop when Defendant crossed over the fog line, thus deviating from his established lane. Record is devoid of any "affirmative testimony" indicating whether it was practicable for Defendant to have remained in his lane. Thus, question of probable cause cannot be addressed. (O'BRIEN, concurring; SCHMIDT, specially concurring.)