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Widdicombe v. State3/2/2004
Submitted on Briefs: February 10, 2004
On the night of February 21, 2003, Ronald Widdicombe was stopped by the Montana Highway Patrol for suspicion of driving under the influence of alcohol. During the stop, Widdicombe participated in field tests, but refused to provide a breath sample on a preliminary breath test (PBT). He was arrested and again refused a breath test at the Sheriff's Department. His driver's license and driving privileges were suspended, and he petitioned the District Court to reinstate the license. Widdicombe claimed he had been illegally arrested, and the suspension of his license was thus invalid. After a hearing, the District Court refused to reinstate his driver's license, and Widdicombe now appeals. We affirm the decision of the District Court.
We restate Widdicombe's issues on appeal as follows:
1. Was there a particularized suspicion to stop Widdicombe's vehicle? and
2. Was Widdicombe lawfully arrested?
FACTUAL and PROCEDURAL BACKGROUND
On the evening in question, Officer Moody was training Officer Waddell. As they were driving through the town of Big Timber, Montana, a red Toyota pickup driven by Widdicombe pulled into the lane ahead of them and crossed the center line. The officers activated the in-car video camera and followed Widdicombe. Officer Moody later testified that Widdicombe crossed the center line three more times and swerved once within his lane. Having observed Widdicombe's driving, the officers stopped him. Moody remained in the patrol car while Waddell approached the pickup. Waddell was able to smell the odor of alcohol emanating from Widdicombe. Waddell then had Widdicombe walk to the patrol car, which Widdicombe did in a slow, plodding, and deliberate manner. Inside the patrol car, Waddell administered the Horizontal Gaze Nystagmus (HGN) test, on which Widdicombe achieved the maximum of six points, indicating he was intoxicated. Waddell then asked Widdicombe to take the PBT, which he refused. Widdicombe did participate in several more field sobriety tests, after which the officers took him into custody to administer further tests at the station. There, Widdicombe was asked to provide a breath sample on the Intoxilyzer 5000, which he refused to do. It was this refusal that formed the basis of his license revocation.
Widdicombe argued that merely touching the center line was not a sufficient traffic violation to give rise to a reasonable suspicion to stop a vehicle. The District Court found that Officers Moody and Waddell had reasonable grounds to stop Widdicombe's vehicle and therefore denied Widdicombe's petition. Widdicombe now appeals.
DISCUSSION
In our review of a district court's denial of a petition for reinstatement of a driver's license, we review the lower court's findings of fact to determine whether they are clearly erroneous and we review the conclusions of law to determine whether they are correct. In re McKenzie , 2001 MT 25, 5, 304 Mont. 153, 5, 19 P.3d 221, 5. A suspension of a license is presumed to be correct, and the petitioner bears the burden of proving that the state's action was improper. Kleinsasser v. State , 2002 MT 36, 10, 308 Mont. 325, 10, 42 P.3d 801, 10. In such a proceeding, the issues are limited to whether:
(i) a peace officer had reasonable grounds to believe that the person had been driving or was in actual physical control of a vehicle upon ways of this state open to the public while under the influence of alcohol, drugs, or a combination of the two and the person was placed under arrest for violation of 61-8-401;
(ii) the person is under 21 years of age and w
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