People v. Hackett

Defendant was charged with aggravated DUI and aggravated driving while license revoked. Court properly granted Defendant's motion to quash arrest and to suppress evidence, as police officer lacked probable cause to stop Defendant's vehicle. Officer testified that he saw Defendant's tires twice "barely" cross the striped lane divider between two northbound lanes of traffic, for a matter of seconds, followed him for awhile, did not see any other traffic violations, and then pulled vehicle over. A momentary and minimal veering over a lane line does not necessarily mean a driver is driving in more than one lane of traffic. Officer's testimony failed to establish a reasonable belief that Defendant was actually driving in two lanes and was thus in violation of statute prohibiting improper lane usage. (O'BRIEN, concurring; SCHMIDT, dissenting.)