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Bumping the fog line provides probable cause for a stop

Facts

In 2010 Cynthia Dominick was driving when she was stopped by Officer Chris Blissard of the Brandon Police Department for bumping or riding the fog line prior to changing lanes. After being stopped, it was determined that she had been drinking.

She failed a sobriety test and her blood alcohol content was determined to be .12%. She was convicted of DUI and sentenced to 48 hours. On appeal, she argued the stop was illegal. MCOA affirmed.

Analysis

While the videotape from the officer’s vehicle was not clear regarding the fog line, it also did not contradict the officer’s conclusion. In Martin, we found sufficient probable cause existed where a vehicle bumped the fog line of a county highway.

Blissard also testified that after the car went into the left lane, the car bumped the center line to the right, or she rode on to the center line. Contrary to Dominick’s argument, there were several articulated reasons for the stop, and she did not explain why she “bumped” the fog line or center line to the right.

 

https://courts.ms.gov/images/Opinions/CO78258.pdf