Pennsylvania DUI Lawyers Blog
Police may briefly detain a driver to investigate suspected DUI only when objective facts create reasonable suspicion, and minor lane movements do not automatically meet that threshold. In a recent Pennsylvania case, the Commonwealth challenged an order excluding evidence obtained after an early-morning traffic stop based largely on four contacts with a fog line. The decision matters because it confirms that courts must examine the whole driving pattern and defer to supported credibility findings. If you are facing alcohol or drug-related charges, you should speak with a knowledgeable Pennsylvania DUI defense attorney about whether police had a lawful basis for the stop.
Case Setting
Reportedly, at approximately 2:40 a.m., a state trooper saw the defendant’s vehicle touch the fog line while entering Route 119 South in Westmoreland County. The trooper began following in a marked patrol vehicle equipped with a mobile video recorder. During the next five to six miles, the defendant maintained a lawful speed, used turn signals, stayed in the proper lane, and committed no notable irregularity. Near another intersection, the vehicle contacted the fog line twice more, about ten seconds apart. In total, the trooper described two touches and two crossings, with the crossings extending about one tire-width beyond the line.
It is alleged that the trooper stopped the vehicle because he suspected distracted or impaired driving. After approaching, he observed signs associated with alcohol consumption, and sobriety and breath testing indicated intoxication. The Commonwealth charged the defendant with a lane violation and several DUI offenses. Before trial, the defendant moved to suppress the evidence, arguing that police lacked probable cause or reasonable suspicion for the stop.
Allegedly, the trial court conducted suppression hearings on three dates and considered testimony, mobile video, body-camera footage, and still images. The trooper said the defendant also drifted within the lane, but the court did not see that movement on video and observed only one clear line crossing. The Commonwealth ultimately conceded that the trooper lacked probable cause to stop the defendant solely for the lane violation. The trial court granted suppression, and the Commonwealth appealed.
Grounds for Suppressing Evidence Obtained in a DUI Stop
On appeal, the court reviewed whether the record supported the trial court’s factual findings and whether its legal conclusions were correct. Because the defendant prevailed below, the court considered the defense evidence and the prosecution evidence that remained uncontradicted. It deferred to supported factual and credibility determinations but reviewed the legal conclusions anew. The Commonwealth bore the burden of proving by a preponderance of the evidence that police obtained the challenged evidence lawfully.
The court agreed that reasonable suspicion, rather than probable cause, governed a stop intended to investigate DUI. That objective standard requires specific, articulable facts which, under the totality of the circumstances, would cause a reasonable officer to suspect criminal activity. Although innocent facts can collectively support a detention, an unparticularized hunch cannot.
The court held that the trial court applied the correct standard. The limited fog-line contacts occurred over more than six miles, including during turns or ramp travel. Between them, the defendant drove normally and created no safety hazard. The video did not corroborate continuous drifting, and the trial court could credit that evidence over testimony. The trooper’s decision to wait more than six minutes until he felt more confident also supported the finding that he initially had only a hunch. The court therefore affirmed the suppression order because the Commonwealth failed to establish reasonable suspicion.
Meet with a Trusted Pennsylvania DUI Defense Attorney
A DUI charge can turn on whether an officer had a lawful reason to stop and investigate you. Attorney Zachary B. Cooper is a trusted Pennsylvania DUI defense attorney who can assess the circumstances surrounding your arrest and help you to seek the best outcome available. To schedule a confidential consultation, call (215) 542-0800 or contact the firm through its online contact form today.