Here, an Illinois State Trooper pulled over an automobile after three separate times, the car touched momentarily either the yellow line or the white fog line based on improper lane usage. This led to a DUI prosecution. The Defendant’s Motion to Quash Arrest was granted, and the State appealed.
The Appellate Court affirmed. After looking into the definition of what a lane is, the Court concluded there was no reasonable suspicion to believe that the Defendant broke the law. Momentary contact with the lane does not constitute a violation of the statute.
The case is People v. Mueller, 2018 IL App. (2nd) 170863. Decided 12/13/2018
Modified Upon Denial of Rehearing 1/18/2019
Petition for Leave for Appeal Denied, People v. Mueller, 119 N.E.3d 1027 (3/20/2019)
https://courts.illinois.gov/Opinions/AppellateCourt/2018/2ndDistrict/2170863.pdf