MADISON, Wis. (AP) -- The state Supreme Court says drivers cannot be stopped simply for weaving within their own lane.
The decision comes from a drunken driving case in Sauk County. A police officer stopped Robert Post for weaving in his lane and straddling the parking lane in Sauk City.
Court records say the five-time drunken driver had a blood alcohol level nearly three times the legal limit when he was stopped.
A state appeals court threw out his conviction, ruling the stop violated the constitutional ban on unreasonable searches and seizures.
Prosecutors asked the Supreme Court to develop a clear rule that says weaving in your lane justifies a stop. But the Supreme Court refused, saying a stop should have more than that single circumstance.
Still, the court upheld Post's conviction, noting that not only was he weaving widely, he was partially in the parking lane.