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Village of Mundelein v. Marcis5/14/2004
had stayed within **833 ***267 the same lane, the defendant's driving was erratic and justified the stop. Diaz, 247 Ill.App.3d at 627-28, 187 Ill.Dec. 391, 617 N.E.2d 848.
Defendant maintains that Greco and Diaz are inapposite to this case because those defendants "swerved" several times in a short distance whereas she merely "drifted" toward the curb two times over the course of about two miles. Defendant also contends that Officer Sturlini was tailgating her and caused any irregular driving on her part.
After considering the totality of the circumstances, we conclude that defendant's driving was erratic and provided Officer Sturlini with the reasonable suspicion necessary to conduct a traffic stop. In the first occurrence described by Officer Sturlini, defendant's car drifted toward the curb and then hit or otherwise came in contact with the curb. She allowed her car's passenger-side tires to scrape against the curb for four car lengths before she moved back toward the center of the lane. Officer Sturlini did not stop defendant until she had repeated this behavior on the second occasion, with the car's tires rubbing against the curb for about 10 car lengths. By any definition, defendant drove erratically. Furthermore, we reject defendant's assertion that her erratic driving was excusable because it was caused solely by Officer Sturlini's following her at a distance of 1 to 1 1/2 car lengths. See People v. Rush, 319 Ill.App.3d 34, 40, 253 Ill.Dec. 383, 745 N.E.2d 157 (2001) ("the law does not permit a driver to cross the center line merely because he is being closely followed"). Accordingly, we hold that the trial court erred in granting the petition to rescind, because defendant failed to establish a prima facie case that Officer Sturlini lacked a basis for the stop.
For the foregoing reasons, we reverse the judgment of the circuit court of Lake County.
Reversed.
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