92 Va. Cir. 199
Loudoun Cir. Ct.2015Background
- At ~3:00 a.m. on Dec. 20, 2014, Officer William Gage observed Chad Alan Dugas’ vehicle and followed it for ~1.5–2.5 miles before stopping it.
- Officer Gage noted two instances where the vehicle ‘‘touched’’ the yellow line (once on a two‑lane street with parked cars, once on a five‑lane road with a center turn lane); the vehicle never crossed the line or made other erratic movements.
- Aside from the two line touches and the time of night, the vehicle obeyed traffic controls and speed limits; the officer did not pace or radar the vehicle and gave no specific speed estimate.
- Officer Gage testified he suspected possible impairment given the line touches at that hour; he admitted other observations (route, presence in area) were mere hunches and unrelated to any reported crime.
- Dugas was stopped, later arrested, and moved to suppress all evidence and statements arising from the stop; the court found Officer Gage credible.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the traffic stop was supported by reasonable, articulable suspicion of criminal activity (DUI) | Time of night + two line touches (and officer training/experience) were sufficient to suspect impairment | Two isolated mild drifts over a mile, no lane crossings, otherwise lawful driving — insufficient for suspicion | Stop lacked reasonable suspicion; suppression granted |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (officer may briefly detain based on reasonable, articulable suspicion)
- Neal v. Commonwealth, 27 Va. App. 233 (1998) (repeated weaving within a lane over short distance can support reasonable suspicion)
- Bass v. Commonwealth, 259 Va. 470 (2000) (reasonableness of traffic stops evaluated under totality of circumstances)
- Hoambrecker v. City of Lynchburg, 13 Va. App. 511 (1992) (weaving badly justified stop)
- Brooks v. Newport News, 224 Va. 311 (1982) (weaving across lane lines supported stop)