Wheels off roadway-Enough for a traffic stop?

Posted Monday, July 10, 2017 by Andrew Charles Huff

Does a police officer have grounds to stop a driver who drove with two wheels over the fog line for approximately 200 feet when traffic began to slow? Washington Appellate Court -Division 1 considered that question in in State v. Kocher and answered “Yes,” that such a stop was valid and Ms Kocher was subsequently arrested for Driving Under the Influence.

In challenging the stop, the defense argued that driving over the fog line for this distance was insufficient to establish reasonable suspicion under RCW 46.61.140, which requires that tires remain within the lane “as nearly as practicable.”
But the Court agreed with the State and found that RCW 46.61.670, entitled “Driving with wheels off roadway,” applied in this case where it is undisputed that Kocher operated the wheels of her vehicle over the fog line, off of the roadway.

So the dispute between the parties centers on which of these two statutes controls whether reasonable suspicion exists to initiate a traffic stop exists under these undisputed facts. Kocher argues that RCW 46.61.140 controls. The State maintains that RCW 46.61.670 controls. The Court agreed with the State and found the stop to be lawful.