A hearing was held in the Dutchess County, New York Justice Court to determine whether probable cause existed to stop the defendant and arrest him for driving while intoxicated.

A trooper testified that he observed the defendant at 3:20 am crossing the fog line (solid white line along the right edge of the road) three times.

Another trooper testified that he saw defendant’s car cross the fog line once.

Defendant testified that he was conscious of the police, was cautious about not exceeding the speed limit and never crossed the fog line.

The New York Appellate Term, Second Department has held that crossing a fog line does not constitute a violation of the New York Vehicle & Traffic Law.

The only predicate offered for the stop was that the defendant crossed the fog line, which was not a violation.

Therefore, the DWI charge was dismissed because the police had no probable cause to stop and detain the defendant.