(Modified upon denial of rehearing 1/8/19.) Defendant was stopped for improper lane usage (ILU) and was charged with DUI. Court properly granted Defendant's motion to quash her arrest and suppress evidence. The ILU statute is not ambiguous and was or should have been within officer's knowledge, and thus officer did not have a reasonable basis to stop Defendant. If the purpose of a line in roadway is to divide 2 lanes, then a vehicle has not changed lanes until it has crossed the line. A stop for ILU is valid when an officer observes multiple lane deviations for no obvious reason. Even if Defendant's multiple touches could be considered "lane deviations", the road's twists and turns provided an innocent explanation for those brief touches. (BIRKETT and SPENCE, concurring.)
Illinois Appellate Court
Criminal Court
DUI