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Carpentino v. State8/25/2004
he roadway and gone into the ditch adjoining the roadway. He also claims that even if he had crossed the fog line, this was an insufficient justification to conduct an investigative stop for possible drunk driving.
But the record does not support Carpentino's view of the evidence. Although Officer Bellant said that he saw Carpentino's tires cross the fog line, the record shows that Officer Bellant did not testify that the tires completely crossed the fog line. When cross-examined on this specific issue, Officer Bellant said he did not recall whether the entire tire or only a portion of the tire crossed over the fog line. He also did not recall whether the passenger side tires left the asphalt and went onto the gravel that was alongside the road. It appears that Officer Bellant meant that he saw a portion of Carpentino's passenger tires cross over the fog line.
Viewed in the light most favorable to upholding the district court's decision, this evidence supports Judge Kauvar's finding that Officer Bellant had seen Carpentino's tires partially cross the fog line. Based on the record before this court, Carpentino has not convinced us that any of Judge Kauvar's findings were clearly erroneous. In light of these findings, Judge Kauvar did not err when she ruled that Officer Bellant had justification to stop Carpentino.
Conclusion
The judgment of the district court is AFFIRMED.
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