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STATE v. DULAC1/3/1992
f the center line in the absence of other traffic is a common occurrence that does not constitute erratic operation. An "extremely wide" turn where a portion of the vehicle leaves the paved surface of the road and passes onto the snow, however, is not such a common occurrence. Operation of a vehicle in such a manner can be considered erratic.
We find no clear error in the District Court's finding that Trooper Armstrong's suspicion was objectively reasonable. We defer to the factfinder's determination unless it is clearly erroneous in all the circumstances. Carnevale, at 749. The District Court correctly distinguished the case at bar from our decision in Caron. We find no error in the court's determination that the trooper's observation of Dulac's vehicle leaving the road while making a turn gave rise to a reasonable suspicion sufficient to warrant an investigatory stop.
The entry is:
Judgment affirmed.
All concurring.
Page 1 2 Maine DUI Attorneys
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