State v. Flynn, Unpublished Decision (5-21-1999)
State v. Flynn, Unpublished Decision (5-21-1999)
Opinion of the Court
A. I was on regular patrol on Interstate 675 northbound, just south of 35. As I was merging over to merge onto U.S. 35 westbound, observed a vehicle driving within its lanes, back and forth within its lane. As I got up closer to the vehicle, I observed the vehicle travel right of the white edge line prior to merging off onto U.S. 35 at least half of the car width, for approximately 25 feet, prior to the exit ramp. I got up behind the vehicle. I observed it merging around the exit ramp onto 35 westbound. The vehicle, once again, was driving from edge line to edge line. At that time, I activated my overhead lights to have the vehicle stop.
Following the stop, evidence developed confirming Butler's suspicions. Butler administered field sobriety tests, and then arrested Flynn for DUI and Failure to Operate Within Marked Lanes.
Flynn moved to suppress the evidence, contending that it was obtained as the result of an unlawful stop. Following a hearing, his motion was denied. Thereafter, Flynn pled no contest to DUI, and was sentenced accordingly. The other charge, Failure to Operate Within Marked Lanes, was dismissed.
From his conviction and sentence, Flynn appeals.
THE TRIAL COURT ERRED IN FAILING TO SUSTAIN THE SUPPRESSION MOTION BECAUSE THE STATE FAILED TO PROVE THAT THE OFFICER STOPPED THE CAR BASED ON PROBABLE CAUSE THAT THE DRIVER HAD COMMITTED A TRAFFIC OFFENSE.
In his assignment of error, Flynn challenges the propriety of the initial stop. He does not challenge the subsequent conduct of the state trooper, other than contending that all of the evidence acquired thereafter was the fruit of the unlawful stop.
A traffic stop, constituting less of an intrusion upon a protected liberty interest, merely requires reasonable and articulable suspicion, rather than the full probable cause required for an arrest. State v. Brandenburg (1987),
Thus, the issue in the case before us is whether Trooper Butler had a reasonable and articulable suspicion that Flynn was under the influence, when Butler stopped Flynn.
Flynn cites several cases in support of his proposition that the mere failure to remain within a marked lane is not a sufficient justification for a traffic stop. We conclude that the cases Flynn cites are distinguishable. In State v. Gullett
(1992),
Furthermore, in the case before us there is not merely the crossing of the right edge line by half a car's width for a distance of 25 feet; there was also weaving, within the marked lane, both before, and immediately after, Flynn strayed across the right edge line. We have previously held that weaving within marked lanes for several blocks, by itself, is sufficient to justify a traffic stop. State v. Hilleary (May 24, 1989), Miami App. No. 88-CA-5, unreported.
We conclude that the totality of the circumstances in this case was sufficient to give Butler a reasonable, articulable suspicion that Flynn was driving under the influence. Accordingly, Flynn's sole assignment of error is overruled.
BROGAN and YOUNG, JJ., concur.
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