People v. Schoonmaker, 13-120049, 2014 WL 2863707 (N.Y. Just. Ct. June 24, 2014)
Jun 24, 2014OUTCOME: All Charges Dismissed
"This court is bound by the Decision of the Appellate Term Second Department as reported in People v. Shulman 14 Misc. 3rd, 129a. In that case the trial court found that the defendant violated section ... 1128[ ... ] of the Vehicle and Traffic Law in that the defendant while operating a motor vehicle crossed the solid white line which separated his lane from the pavement, “the fog line.” The Appellate Term in reversing the [lower] court held, “crossing a fog line is not prohibited and does not constitute a violation of the New York State Vehicle and Traffic Law.” For the reasons articulated, supra, it is the ruling of this Court that the officer did not have probable cause to stop defendant. Defendant's motion is granted in toto. The remaining charges in this case are dismissed." People v. Schoonmaker, 13-120049, 2014 WL 2863707 (N.Y. Just. Ct. June 24, 2014)