QUESTION

Is it probable cause to be pulled over for touching the fog line after a Dr's office made a call to the police?

Asked on Oct 12th, 2012 on DUI/DWI - Pennsylvania
More details to this question:
Was at a pain management appointment - where it is required that I have my prescribed medications in my system and be tested each visit - and was having a rough day including a migraine. The physician assistant mistook my demeanor as something else. Also had to have BP taken 4 times that appt. because it was VERY low. Final BP she accepted was 100/68. Was never told not to drive. She left the room, at which time I can only guess she got my vehicle and plate info, returned to the room gave me my new scripts and told me I could go after I set up next appt. Was later pulled over by state cop for "touching fog line 1 time". No citation issued, just cuffed and taken for blood testing for DUID. No one at Dr's office will admit to calling police. Currently fighting criminal charge(s) and planning to pursue civil action. (I say charge(s) because an additional charge was added based on a metabolite of a medication I take and I do not have a prescription for the metabolite which appears to be a controlled substance itself.) Thought, knowledge, information on probable cause for being pulled over would be appreciated? Isn't it proper to pull over beyond the fog line to make way for emergency vehicles anyway? I had no way to know he was pulling me over until he was less than a car length behind me and as such I was watching him in my rearview mirror, driving in the mountains wind and semi-trucks can cause a draft strong enough to make the car waiver slightly, also. Additional info: all medications on blood tests are prescribed, none say NOT to drive, no doctor or PA or pharmacist has ever told me not to drive while taking said medications, I have been taking them all for at least 2 years and understand how they work with my body, I have no criminal history, last traffic stop was over 11 years ago for speeding. I would appreciate any ideas, thoughts, input, or shared knowledge and thank you in advance if you can provide such.
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1 ANSWER

Personal Injury Attorney serving North Wales, PA
4 Awards
There is case law which establishes they cannot pull you over for merely touching fog line.
Answered on Oct 15th, 2012 at 3:00 PM

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