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STATE v. MEHUREN7/10/1991
Randy R. Mehuren appeals from the judgments entered in the Superior Court (Waldo County, Chandler, J.) on his conditional guilty pleas on one count of operating under the influence of intoxicating liquor or drugs, 29 M.R.S.A. § 1312-B (Supp. 1990), one count of unlawful possession of a scheduled drug (cocaine), 17-A M.R.S.A. § 1107 (1983 & Supp. 1990), and one count of improper use of a vehicle registration plate, 29 M.R.S.A. § 2183 (1978 & Supp. 1990). Mehuren contends that the District Court (Belfast, Russell, J.) erred in denying his motion to suppress the physical evidence and the incriminating statements obtained in a traffic stop of Mehuren's automobile. Finding no error, we affirm.
At 8:55 on the evening of July 8, 1989 a state police officer on routine patrol on Route 9 in Unity observed a car approaching in the opposite direction with its headlights unilluminated. Sunset that evening had occurred at approximately 8:25, and the officer followed and stopped the car. When the officer reached the stopped car, he observed that Mehuren, the driver of the car, had bloodshot eyes, a smell of alcohol was coming from inside the car, and there were containers of beer within the passenger compartment of the car. The officer asked Mehuren to step out of the car, walked around to the other side of the car and asked Mehuren's passenger to open the passenger door. When the door was opened, the officer saw an open kit that contained several brown vials, a straw, and a mirror resting on the seat between the passenger and the car door. Based on his personal observations and prior police experience, the officer recognized the object as a drug kit. The officer picked up the kit and asked Mehuren, "Is this what I think it is?" Mehuren responded, "Yes, it is." The officer opened the vial and discovered a white powder, later confirmed to be cocaine. When questioned further, Mehuren admitted that he had used cocaine that night and had consumed three or four drinks. The officer searched the car and also seized the containers of beer. The several field sobriety tests conducted by the officer confirmed that Mehuren was under the influence of alcohol or drugs. The officer then arrested Mehuren and informed him of his rights as required by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).
Mehuren was charged with one count of operating under the influence of intoxicating liquor or drugs or a combination of liquor and drugs, one count of unlawful possession of a scheduled drug, and one count of improper use of a vehicle registration
Mehuren contends that the District Court erred in its determination that the officer had an articulable suspicion for the traffic stop because there was no conclusive evidence that Mehuren was in violation of the statute that requires the lighting of vehicle headlights one-half hour after sunset. We disagree. We review the court's determination regarding the validity of a traffic stop for clear error. See State v. Collins, 479 A.2d 344, 346 (Me. 1984). In order to make a valid traffic stop an officer must have a reasonable articulable suspicion that a criminal offense is being or has been committed or that legitimate safety reasons warrant the stop. See, e.g., State v. Pinkham, 565 A.2d 318, 319-20 (Me. 1989) (stop for unsafe driving); State v. Fuller, 556 A.2d 224, 224 (Me. 1989) (stop for blinking headlights). In this case, the relevant statute provides:
The lamps and lights . . . shall be lighted during the period
from 1/2 hour after sunset to 1/2 hour before sunrise, and at
any time when, due to insufficient light or unfavorable
atmospheric condition, caused by fog or otherwise, persons in
vehicles on the highway are
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