State v. Turner (Slip Opinion)
170 N.E.3d 842
Ohio2020Background
- Trooper stopped Ryan Turner on a two-lane road after observing Turner's right-side tires touch the right-hand single solid white edge line (the “fog line”).
- Turner was charged with a marked-lanes violation (R.C. 4511.33) and OVI; he moved to suppress evidence obtained after the stop.
- Trial court granted suppression, finding touching the fog line did not establish probable cause or reasonable, articulable suspicion for a lane violation.
- The Twelfth District reversed, holding that driving on a lane line violates R.C. 4511.33(A)(1); the conflict was certified to the Ohio Supreme Court.
- The Ohio Supreme Court held that the single solid white edge line marks the roadway edge and — per the MUTCD and statutory scheme — only discourages or prohibits crossing it, not touching or driving on it; it reversed the Twelfth District and remanded for consideration of the State’s alternative reasonable-mistake-of-law argument.
Issues and Key Cases Cited
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Turner) | Held |
|---|---|---|---|
| Whether an officer has reasonable and articulable suspicion/probable cause to stop a vehicle under R.C. 4511.33(A)(1) when the officer observes the tires driving on but not across a marked lane line | Touching a lane line means the vehicle is not “entirely within” a single lane; touching/driving on a line violates the statute and supports a stop | Touching or nominally encroaching on the fog line does not constitute a marked-lanes violation and does not provide reasonable suspicion or probable cause | No. Touching/driving on the fog line alone does not violate R.C. 4511.33(A)(1); the stop was not justified on that basis (case reversed and remanded) |
| Whether the MUTCD and ODOT markings govern the meaning of the single solid white edge line for purposes of R.C. 4511.33 | The statute’s plain language controls; lane lines should be treated uniformly as lane boundaries | MUTCD/ODOT definitions inform what a given marking means; the fog line marks roadway edge and only discourages or prohibits crossing | The court relied on the statutory scheme and the MUTCD: the fog line marks the roadway edge and indicates crossing is discouraged/prohibited, not touching/driving on it |
| Remedy / next step after reversing Twelfth District | N/A | N/A | Judgment reversed; remanded to the Twelfth District to address the State’s alternative argument that the trooper made a reasonable mistake of law that might validate the stop |
Key Cases Cited
- Whren v. United States, 517 U.S. 806 (1996) (stops justified when officer has probable cause to believe a traffic violation occurred)
- Dayton v. Erickson, 76 Ohio St.3d 3, 665 N.E.2d 1091 (Ohio 1996) (same-state precedent on traffic-stop standards)
- State v. Mays, 119 Ohio St.3d 406, 894 N.E.2d 1204 (2008) (officer may stop driver who repeatedly crosses edge line; provides context for lane-line stops)
- United States v. Arvizu, 534 U.S. 266 (2002) (reasonable-suspicion totality-of-the-circumstances framework)
- United States v. Colin, 314 F.3d 439 (9th Cir. 2002) (touching lane lines alone did not provide reasonable suspicion)
- People v. Mueller, 127 N.E.3d 861 (Ill. App. 2018) (touching fog line and center line did not constitute lane-use violation)
- State v. Cerny, 28 S.W.3d 796 (Tex. App. 2000) (touching white shoulder line not a marked-lanes violation)
