 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Martin11/12/1998
APPEAL FROM: District Court of the Tenth Judicial District, In and for the County of Fergus, Honorable John R. Christensen, Judge Presiding.
COUNSEL OF RECORD:
Submitted on Briefs: October 1, 1998
. Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996 Internal Operating Rules, the following decision shall not be cited as precedent but shall be filed as a public document with the Clerk of the Supreme Court and shall be reported by case title, Supreme Court cause number, and result to the State Reporter Publishing Company and to West Group in the quarterly table of noncitable cases issued by this Court.
. Shane A. Martin (Martin) appeals the ruling of the Tenth Judicial District Court, Fergus County, denying his motion to suppress the State's evidence against him on charges of driving under the influence of alcohol (DUI), minor in possession of alcohol, second offense, and failure to drive on the right side of the roadway. We affirm the ruling of the District Court.
ISSUE
. Did the District Court err in denying Martin's motion to suppress the State's evidence on the grounds that the arresting officer lacked a particularized suspicion justifying the stop?
BACKGROUND
. On the evening of June 14, 1997, Fergus County Deputy Sheriff Larry McCord was patrolling near Roy, Montana, during a local rodeo and dance. At approximately 9:30 p.m., Deputy McCord noticed a stalled pick-up truck in the middle of an intersection and walked over to investigate. Martin, who was the driver of the vehicle, was apparently engaged in a confrontation with another individual, but this encounter ceased at the deputy's approach and in response to the deputy's inquiry Martin indicated that they were not experiencing any problems. Martin then climbed into the truck while several others stepped out of the cab to help push-start the truck. The deputy did not smell or see any alcohol at that time and left the scene without further dialog.
. A few hours later, Deputy McCord saw Martin's truck again, this time pulled off the side of a highway approximately three or four miles outside of Hilger, Montana. When Deputy McCord began pulling up behind the vehicle, Martin drove back onto the road and proceeded down the highway. Deputy McCord followed Martin's vehicle for approximately five miles, including its passage through and out of the town of Hilger.
. While following the vehicle from a distance of approximately one thousand feet, Deputy McCord observed the vehicle crossing over the yellow line, going back over the white fog line and maneuvering a curve while partially over the center line again. Deputy McCord sped up to get into closer proximity to the vehicle to video record its movements. The deputy followed Martin's vehicle for approximately two miles with the video camera activated, during which time no traffic violations were exhibited. Deputy McCord then turned the camera off and dropped back to follow Martin at one thousand feet again.
. When Deputy McCord again observed the vehicle crossing over the center line and back to the white fog line, he sped up to the vehicle a second time and once again turned on the video camera in his patrol car. Martin's vehicle swerved over the yellow line for a third time, at which point Deputy McCord activated his overhead lights and initiated an investigatory stop. After performing a series of field sobriety tests on Martin, Deputy McCord arrested him for DUI.
STANDARD OF REVIEW
. We review a trial court's grant of a motion to suppress evidence to determine whether the court's findings of fact are clearly erron
Page 1 2 3 Montana DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|