Operating Left of Center - What is the law regarding momentary (2-3 seconds) crossing the center line in the State of Wisconsin.
1 Answer from Attorneys
Crossing the center line briefly is probably adequate probable cause for pulling someone over for further investigation. In addition to the minor citation for left of center, a drunken driving arrest could therefore be valid if the officer found other evidence (such as a smell of alcohol) after pulling such a driver over. There is WI case law, however, suggesting that touching the right hand fog lines briefly (far less dangerous errors that crossing the center line), may not alone provide adequate probable cause for officer to pull one over. You therefore should consult with an experienced drunk driving lawyer as soon as possible. My comments in this online forum are offered for public educational purposes only and are not legal advice, nor do they create any attorney/client relationship between us. Even if I were advising you, the background information which you provided did not include sufficient detail to allow any sort of reliable advice upon which you should rely. Finally, I may be able to represent you if you contact my Racine office and make arrangements formally retain me. I represent clients throughout the state of WI.