State v. Kneier, 2015 Ohio 3419

At ~3:45 a.m., Trooper Engle followed George Kneier on I-76 after observing Kneier’s vehicle travel “over the top” of the fog line on an eastbound on‑ramp and twice thereafter within ~1.5 miles.
Trooper stopped the vehicle for a marked‑lanes violation; Kneier was the sole occupant and denied awareness of any infraction.
Trooper smelled alcohol, observed slurred speech and red, glassy eyes; Kneier admitted drinking six beers. Trooper asked him out of the car and later cited him for OVI and a marked lanes violation.
Dash‑cam DVD did not capture the first alleged violation and did not clearly show any tire crossing the fog line on the later recordings.
Trial court found trooper’s phrasing (“over top” vs. “crossed”) equivocal, concluded the vehicle did not leave its lane as a matter of law, and granted Kneier’s motion to suppress for lack of probable cause (and alternatively lacked reasonable suspicion).
State appealed; the appellate court reviewed the trial court’s factual findings for support in the record and independently reviewed the legal standard governing suppression.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trooper had probable cause to stop for a marked lanes violation under R.C. 4511.33(A)(1)	Trooper’s observations that the vehicle traveled “over the top” of and then “crossed” the fog line established a marked‑lanes violation and probable cause to stop	“Over the top” did not necessarily mean the tire crossed the line; no clear testimony or video showing tires actually crossed the marked line	Court affirmed suppression: no competent evidence that tires crossed the line, so no marked‑lanes violation and no probable cause to stop
Whether an investigative stop was supported by reasonable, articulable suspicion of erratic driving	Trooper’s multiple observations of vehicle movement over the fog line amounted to erratic driving that justified an investigative stop	Movements shown were incidental/ambiguous, and video/testimony did not support a finding of erratic or unsafe lane departure	Court agreed with trial court that evidence was insufficient for reasonable suspicion; stop was improper

State v. Mayl, 106 Ohio St.3d 207 (2005) (trial court best positioned to find facts and evaluate witness credibility in suppression hearings)
State v. Burnside, 100 Ohio St.3d 152 (2003) (appellate court independently reviews whether facts satisfy the applicable legal standard on suppression issues)