Police Officer May Stop a Driver for Crossing the Fog Line for Three Seconds

If you are operating a motor vehicle in Massachusetts and cross the fog line, it is now clear that a police officer can legally stop you for a marked lanes violation. In Com. v. Larose, the defendant was operating a motor vehicle when he was pulled over for crossing the right-side fog line “one time for two or three seconds.” After being stopped, he was suspected and arrested for operating a motor vehicle under the influence of intoxicating liquor. The defendant filed a motion to suppress the stop, arguing that the defendant had not committed in a marked lanes violation by crossing the fog line because the fog line does not delineate a lane of travel, and, therefore, the motor vehicle stop by the police was made without probable cause.