Driving on Lane Marking

Appellant challenged both his conviction for DWI and driver’s license revocation, arguing the stop of the vehicle, based on appellant driving on but not over the fog line, was unconstitutional.  The court defines “lane,” as used in Minn. Stat. section 169.18.7(a), which makes it a violation to move from one’s traffic lane, as the area between markings, but not the lane markings themselves.  Thus, appellant driving on the fog line gave police a reasonable, articulable suspicion of a traffic violation.  His conviction and driver’s license revocation are affirmed.  Kruse v. Comm’r Pub. Safety, __ N.W.2d __, A17-0552, A17-0564, 2018 WL 312944 (Minn. Ct. App. 1/8/2018).