State v. Romine, 19 Fla. L. Weekly Supp. 349 (4th Jud. Cir., Jan 11 2012): Order granting Motion to Suppress affirmed.
The driver was stopped for crossing the “outside lane marker” then return to her lane. There was video evidence and other descriptions of her driving behavior that led the officer to conclude that “most likely she was impaired.” The trial court considered the Manual on Uniform Traffic Control Devices and its description of the “marker” the driver was alleged to have violated. Based on all evidence the trial court granted the motion to suppress.
On appeal the Circuit Court affirmed the lower court’s ruling finding that it “correctly applied the facts of the instant case to the applicable law to determine that crossing the edge line is not prohibited [in the manual] due to lack of specific instruction to the contrary.”