STATE v. AU

No. S-12-040.

829 N.W.2d 695 (2013)

285 Neb. 797

STATE of Nebraska, appellee, v. Doan Q. AU, appellant.

Supreme Court of Nebraska.

May 3, 2013.


Attorney(s) appearing for the Case

William J. O'Brien , Hempstead, for appellant.

Jon Bruning , Attorney General, and Nathan A. Liss , Lincoln, for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, STEPHAN, MILLER-LERMAN, and CASSEL, JJ.


CASSEL, J.

INTRODUCTION

In this appeal, we first determine whether evidence that a vehicle momentarily touched or crossed a lane divider line, without more, established a statutory violation and thereby provided probable cause for a traffic stop. It did not, because the controlling statute requires that a vehicle remain in a single lane only "as nearly as practicable." Second, because the arresting officer admitted that this "happens all the time" and failed...

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