Attorney Zachary Faris secured an important victory for his client in the Ohio Supreme Court. In State v. Turner, 2020-Ohio-6773, Zack successfully argued that a motorist who touches, but does not cross, the solid white “fog line” on the right hand edge of the road has not violated Ohio law and, consequently, has not given law enforcement probable cause to justify a traffic stop.
After the Twelfth District Court of Appeals ruled against our client, Zack appealed the case to the Ohio Supreme Court. Because there has been disagreement among Ohio Appellate Courts as to whether touching a fog line constitutes a marked lanes violation, the Ohio Supreme Court accepted the case so that the issue could be settled once and for all.
After providing briefs to the Court on behalf of our client, oral arguments were held in front of the Supreme Court. Ultimately the Court handed down a decision in favor of our client that held that a motorist who touches, but does not cross, the white fog line has not violated the marked lanes statute. Consequently, the officer did not have a proper basis for stopping our client.
This decision reversed the decision of the Twelfth District Court of Appeals and resolved the conflict that previously existed between Ohio appellate courts as to whether police were authorized to stop a mototrist whose tires touch, but do not cross, a fog line.
Following the victory at the Supreme Court, the case against our client was dismissed.