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Spear v. State4/7/2004
ka 1978), where the court upheld a traffic stop (on suspicion of drunk driving) based largely on a police officer's observation that the defendant's car was repeatedly weaving within its lane. In the present appeal, the parties disagree as to whether Judge Kauvar found that Spear's vehicle was weaving within its lane or whether, instead, it actually crossed the fog line and the center line. We agree with Spear that a fair reading of Judge Kauvar's findings shows that she based her ruling on the finding that Spear's vehicle was weaving within its lane. But even this finding was sufficient to support the investigative stop of Spear's vehicle in light of this Court's decision in Hamman and the Alaska Supreme Court's decision in Ebona.
The judgement of the district court is AFFIRMED.
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