People v. Rufus, 2024 NY Slip Op 06384 (2024)

Repeatedly crossing the fog line in a vehicle provides probable cause for a traffic stop under Vehicle and Traffic Law § 1128(a), even without evidence of erratic driving, because such actions demonstrate a failure to drive within a single lane as nearly as practicable.

Summary

The New York Court of Appeals affirmed a conviction for driving while intoxicated (DWI) after determining that a traffic stop was justified based on troopers’ observations of the defendant’s vehicle repeatedly crossing the fog line. The court held that the repeated lane departures, occurring three times within a short distance, provided the troopers with probable cause to believe the defendant was violating Vehicle and Traffic Law § 1128(a). The court emphasized that whether a driver has violated this section is fact-specific, and under the circumstances, the repeated crossings demonstrated a failure to drive as nearly as practicable within a single lane, justifying the stop regardless of the absence of other signs of unsafe driving.

Facts

At approximately 2 AM on a Sunday, two state troopers observed the defendant’s vehicle cross the solid white fog line onto the right shoulder of the road three times within a tenth of a mile. The defendant was driving within the speed limit. Based on this observation, the troopers stopped the vehicle. Upon approaching the car, the trooper smelled alcohol, noticed slurred speech, and observed bloodshot, glassy eyes. The defendant initially provided a plastic air freshener backing instead of his registration. The defendant admitted to swerving, claiming he did so because he saw the patrol car. Further investigation, including field sobriety tests, led to the defendant’s arrest for DWI.

Procedural History

The defendant moved to suppress evidence from the traffic stop, arguing lack of probable cause. The trial court denied the motion. The defendant was subsequently convicted of felony DWI in a bench trial. The Appellate Division affirmed the conviction, with a dissenting opinion arguing for reversal due to the lack of probable cause. The defendant appealed to the Court of Appeals, which affirmed the Appellate Division’s decision.

Issue(s)

1. Whether the troopers had probable cause to stop the defendant’s vehicle, given that the stop was based on alleged violations of Vehicle and Traffic Law § 1128(a).
2. Whether the trial evidence was legally sufficient to support the guilty verdict.

Holding

1. Yes, because the troopers had probable cause to stop the defendant’s vehicle.
2. Yes, because the trial evidence was legally sufficient to support the guilty verdict.

Court’s Reasoning

The court held that the troopers’ observation of the defendant crossing the fog line three times within a short distance and time established probable cause for the traffic stop under VTL § 1128(a). The court reasoned that the statute required a vehicle to be driven as nearly as practicable entirely within a single lane. The court found the defendant’s repeated crossings constituted a violation of this statute, negating the defendant’s assertion that it was a “de minimis diversion.” The Court relied on Trooper Tiwana’s credible testimony that the defendant had swerved over the fog line. Further, the Court noted that defendant’s claim that he was swerving because he saw the patrol car was a mischaracterization of the record. The Court also cited several cases where similar conduct provided the basis for a lawful stop.

With respect to the legal sufficiency of the trial evidence, the court noted the Trooper’s testimony regarding the defendant’s physical signs of intoxication, and his admission of drinking. The court found that this evidence supported the guilty verdict under VTL § 1192 (3).

Practical Implications

This case clarifies the standard for probable cause in traffic stops based on lane violations. Specifically, it establishes that repeated crossing of the fog line, even without other signs of erratic driving, can provide sufficient grounds for a stop under VTL § 1128(a). This case reinforces that multiple instances of crossing the fog line, in quick succession over a short distance, can be used to establish a violation of VTL § 1128 (a). The decision underscores the importance of documenting the frequency and nature of lane departures when justifying a traffic stop. This case also implies that a driver’s own admission to swerving, combined with observations of lane departures, strengthens the basis for a stop. For legal practitioners, this case emphasizes that the specific facts of each situation matter, and that multiple factors may be taken into account when determining probable cause in traffic stops.