One of the positive cases to surface in Iowa regarding OWI stops is State v. Tague, 2004. When a motion to suppress is filed in regard to whether a car was stopped for weaving, Tague is usually cited.
In this case, the defendant was traveling on a four lane highway, with a painted median dividing the north and south bound traffic. He was followed for a short distance by an officer. The officer noticed the defendant’s wheel briefly cross the roadway edge line, on the left side of the left lane. At this point the officer conducted a traffic stop.
The defendant was rather intoxicated, and could not win his case on the merits. But that is where a motion to suppress can come in.
The police need to have probable cause that a traffic violation has occurred, or have reasonable suspicion that criminal activity is afoot before they can conduct a warrantless traffic stop. Of course, most stops occur because the officer obtained probable cause by witnessing a violation. In many DUI / OWI cases, however, the officer makes a stop due to erratic driving that is an indicator of intoxicated driving, but not necessarily an actual traffic offense.
Tague helps draw the line as to what the officer must observe before he can conduct the traffic stop. In Tague’s case, a single, brief crossing of a roadway edge line was insufficient. Tague’s case was dismissed and the charges were thrown out.
When I review an OWI case, I look specifically for any aspects which would equate to the reasoning in Tague. A slight weave or touching of a roadway line is explained by the Court in Tague:
Drivers talking on their cell phone, looking at a map, adjusting the radio, adjusting the heater, defroster or air conditioner, or check on a child restrained in a back seat can lead a driver to momentarily cross and edge line, without giving rise to a reasonable suspicion of intoxication or fatigue.
To answer the question in the title of this post, briefly crossing the roadway edge is not sufficient evidence to conduct the OWI stop. For questions regarding your specific case, please give me a call.