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Kappel v. Director ND Department of Transportation12/1/1999
-seeming activity does not justify the stop of a vehicle. 505 N.W.2d at 114. In Salter, an officer observed Salter's vehicle traveling 30-35 miles per hour in a 50 mile per hour zone and weaving slightly within its own lane. Id. at 112. However, the officer in Salter "repeatedly characterized the weaving as `slight' or `minimum,' and he apparently did not consider it significant enough to include in his initial written report of the incident." Id. at 113. In contrast, Officer Vanyo referred to the weaving in his initial written report and testified Kappel "made several weaves in a short period of time." Vanyo did not characterize the weaving as slight or minimal, but instead, Vanyo said Kappel's driving was consistent with behavior he has seen exhibited by other drivers who were under the influence.
[ ] Kappel's pause at the intersection also distinguishes this case from Salter. In Salter, the Department relied on the fact that Salter was not only weaving but was traveling at a slow speed in a no passing zone. Id. at 113-14. We found the Department's Conclusion that Salter was impeding traffic was not supported by the facts in the record. Id. at 114. The hearing officer found Salter was traveling 30 miles per hour in a 55 mile-per-hour zone. Id. at 113. However, the officer's unrefuted testimony was that Salter was driving 30-35 miles per hour in a 50 mile-per-hour zone. Id. We found no evidence in the record as to the length of the no passing zone, or whether there was one, five or ten cars coming up behind Salter. Id. In contrast, here Officer Vanyo's unrefuted testimony was that Kappel's motorcycle paused at a stop sign for an extended period of time. As our review of Guthmiller demonstrates, a prolonged pause at an intersection can be an important factor in a reasonable suspicion analysis. 499 N.W.2d at 592.
[ ] The facts here support the Conclusion that a reasonable person in Officer Vanyo's position would suspect Kappel was intoxicated or otherwise impaired. Thus, the officer's investigative stop of Kappel was justified. We affirm the judgment of the district court affirming the suspension of Kappel's driving privileges.
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