Cody Bently v. the State of Texas

Summary

The Seventh Court of Appeals of Texas at Amarillo affirmed Cody Bently’s conviction for driving while intoxicated after the trial court denied his motion to suppress. The court held that the officer had reasonable suspicion to stop Bently based on his repeated departures from his lane, the applicable lane-use statute, and circumstances indicating the driving was unsafe.

Holdings

1. Section 545.060(a) applied because, although the roadway and center line were not well maintained or particularly clear, the footage and other vehicles' behavior showed sufficient lane markers for an attentive driver to recognize that the road had two lanes.
2. The officer's mistaken interpretation of section 545.060(a) did not negate reasonable suspicion because an actual traffic violation need not have occurred when the officer reasonably suspected that one had occurred.
3. The officer had reasonable suspicion to stop Bently because the video and testimony established specific, articulable facts from which she could reasonably conclude that his departures from the lane were unsafe.

Questions Presented

1. Whether Transportation Code section 545.060(a) applied despite the roadway's unclear lane markings.
2. Whether the officer's mistaken interpretation of section 545.060(a) defeated reasonable suspicion for the traffic stop.
3. Whether Bently's lane departures were unsafe and therefore supplied specific, articulable facts supporting reasonable suspicion.
4. Whether any suppression error was harmful.

Disposition

affirmed