Court sees impaired driving as a straightforward question

Prosecution and Procedure

By David J. Robinson

David J. Robinson is a lawyer, adjunct professor, author and chief deputy director for the State’s Attorneys Appellate Prosecutor.

Posted December 7, 2020 11:38 AM

On Illinois interstates, motorists must drive their vehicle “as nearly as practicable entirely within a single lane….” (625 ILCS 5/11-709(a)). At least one reviewing court has concluded that, given this language, it is not a crime to merely touch a lane marker while driving down the interstate. People v. Mueller, 2018 IL App (2d) 170863. But can swerving within a single lane touching a lane marker, though not a crime, give rise to a reasonable, articulable suspicion that a motorist is impaired? Yes, it can.In People v. …

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