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Brewer v. State7/27/2004
Submitted on Briefs: July 6, 2004
Phil W. Brewer (Brewer) appeals from the order entered by the Sixteenth Judicial District Court, Custer County, denying his petition to reinstate his driver's license. We affirm.
The issue on appeal is whether the District Court erred in denying Brewer's petition to reinstate his driver's license.
BACKGROUND
At approximately 12:30 a.m. on January 12, 2003, Miles City Police Officer Jeremy Tafelmeyer (Tafelmeyer) initiated a traffic stop of Brewer's vehicle because the vehicle was speeding. Based on observations made during the traffic stop, Tafelmeyer believed Brewer to be driving under the influence of alcohol (DUI). Brewer performed field sobriety tests at Tafelmeyer's request, following which Tafelmeyer arrested Brewer for DUI. Tafelmeyer escorted Brewer to the Miles City Police Department where he requested Brewer to submit to a blood alcohol content test. Brewer refused to submit to the test. Consequently, Brewer's driver's license was seized and suspended pursuant to § 61-8-402(4), MCA.
Brewer petitioned the District Court to reinstate his driver's license, asserting that Tafelmeyer did not have reasonable grounds to believe he was operating a motor vehicle while under the influence of alcohol. The District Court held a hearing on the petition at which Tafelmeyer was the sole witness. The court subsequently entered its order denying Brewer's petition and Brewer appeals.
STANDARD OF REVIEW
We review a district court's ruling on a petition for reinstatement of a driver's license to determine whether the court's findings of fact were clearly erroneous and its conclusions of law correct. Widdicombe v. State ex rel. Lafond, 2004 MT 49, 7, 320 Mont. 133, 7, 85 P.3d 1271, 7. "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." Widdicombe, 7.
DISCUSSION
Did the District Court err in denying Brewer's motion to reinstate his driver's license?
A person driving, or in actual physical control, of a vehicle on ways of Montana open to the public is considered to have given consent to a blood or breath test. Section 61-8402(1), MCA. A test of a person's blood or breath to determine the presence of alcohol or drugs must be administered when a peace officer has reasonable grounds to believe that the person has been driving or has been 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 has been placed under arrest for a violation of 61-8-401. Section 61-8-402(2)(a)(i), MCA. If a person is arrested for DUI and refuses to submit to such a test, the arresting officer must seize the person's driver's license and the license will be suspended administratively. Section 61-8-402(4), MCA.
A person whose license is seized and suspended pursuant to § 61-8-402(4), MCA, may file a petition in the district court challenging the suspension. Section 61-8-403(1), MCA. In such a proceeding, the issues to be addressed by the district court are limited. In the present case, those issues are whether 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 61-8401 and the person refused to submit to one or more tests designated by the officer. Sections 61-8-403(4)(a)(i) and -403(4)(a)(iv), MCA.
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