you and you just read the testimony it sounds like the the police officer in the tragic you're talking about two different locations it all seems like they're history rather it seems like could call the share curve but you know where the sky squad car was in and then there was a curve come you know later on but and how far away from the location where the officer gets out the first where he was taking care of the first believe the officer's testimony that he made the stuff we disagree with there we think you can look at the video see bed truck going around and then you can come to a complete step but here you know karkare and i have left to make a difference well i don't think it does heat he thought it was made a difference because i guess there was so that he could to discount gone around that curve that's in question and yes i have granite and you can't and i have to you can't see what's around that curve as you're coming around it until you hit the front end of the curve so why is it unusual that someone of other states that say that it's got to the point where the plethora of credit regulations is such that nobody cannot violate  within a single lane when he briefly touched the fog line under the circumstances present in this case the key here are the circumstances and how far do you think the location from the staff to this t squad car which was blocking the southbound lane that he was then and then he was trying to accelerate and get back up to speed which he testified was forty to forty five miles an hour at various points along a stretch of road so he's trying to increase is he as he's entering th that diminished mine decker i'm sorry i think that's particularly relevant here i was regarding in these states discussion of whether you know cars touching the line and it could collide with another car not driving as nearly as practicable within his lane so you indicated we would not have to make a bright line ruling in this particular case because of the facts and circumstances you're identifying do you think a knowledge back on whether or whether it is reasonable to believe that someone is not driving is nearly as practical within their lane is a fact sensitive memory it depends on the circumstances so communicating to police officers that any time you see a person even touch not crossed a lane mind that that is a reason to stop that and inquire further as to their reasons for touching the  you briefly touched the rain wind it is certainly relevant that it was a touching not crossing but it was very brief and not for an extended period on all of their good skits reality of the circumstances your hono my question is similar but this state is is very different from top to bottom you've got to love it municipalities you've got population areas with lots of lights but you have probably more areas with my my you know bet my my it's how we stay how are we supposed to then make a determination will the defendant half to know or didn't testify i didn't see you know i did i saw the deer i'm sorry the police officer didn't see the deer i saw the dog and so have police officer didn't see the dark at how are we do you deal with that if we don't have some sort of a bright line bit touching we're not touching you know touching one where the other is or is not lame usage problem  officer was to him so i think they need it was touching versus crossing again it depends on the substantive and what the parties testified to if the officer says i was a hundred feet behind him i couldn't see any of that and you know after the fact to the court visibility i don't think on the video it shows a very slow visibility you can see it's nighttime of course but you can still see pretty well up there it wasn't snowing rain even far off on if we you know particular life if we look at a pair of circumstance but this wife thing we're promoting highly safety and that's why the legislature passed a swap and i think it should be interpreted that way maybe the great line should be before you drive your car you drive to the broken since they'll be possible you know whatever coming at you how do you know where it is when it starts again well i guess i think you're your relatives you know when you go away right into the world my husband thinks i go way right all the time and i don't so you know is it reasonable well sort of reasonable people can disagree on an issue meaning this if we're talking about taking someone's life we could away taking your driver's license away because they lane and the answer to that would be no if in fact it is not it's in each way you're still in your lane by touching it because it still goes an extra two three or four feet beyond it are two three or four suspicion doesn't have probable cause but he does care you know enough information to make a stat when he looks at the other totality of circumstances and in this case this was you know the breaking the