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State v. Myhre11/8/2005
Submitted on Briefs: September 27, 2005
David Jon Myhre (Myhre) appeals from his conviction and sentence in the First Judicial District Court, Broadwater County, for driving under the influence of alcohol (DUI). We affirm.
The issue on appeal is whether the District Court erred in denying Myhre's motion to dismiss the case.
BACKGROUND
On the evening of September 20, 2003, Colleen Yunis (Yunis) was driving from Hardin, Montana, to Butte, Montana, with her mother and her two children. As they approached Bozeman, Montana, Yunis observed a pickup truck approach from behind, pass her vehicle and proceed ahead of her down the highway. Yunis was traveling the speed limit and the truck was traveling faster. Yunis noticed that, although it was dark outside, the truck did not have its lights on. She also observed that the truck was swerving in its lane of travel and crossing over the line dividing the two lanes of travel. Concerned that the driver of the truck might be intoxicated, Yunis called 911 emergency dispatch on her cell phone to report the driver. Yunis described the truck and its actions to the 911 dispatcher, and gave the truck's location on the highway in reference to mile marker posts. Eventually, the truck came to a stop along the side of the highway. Yunis felt uncomfortable about passing the truck, so she parked alongside the highway some distance back. She then waited approximately five minutes until a law enforcement officer arrived.
In the meantime, the 911 dispatcher contacted the Montana Highway Patrol, which dispatched Officer Marvin Reddick (Reddick) to respond to the call. Reddick located the two vehicles parked along the highway, drove past Yunis' vehicle and pulled in behind the truck. Reddick observed that the truck was not running and its lights were not on. He walked up to the driver's side door and saw that the driver--later identified as Myhre--appeared to be asleep. When Reddick knocked on the truck's window, Myhre awoke and exited the truck. Reddick eventually arrested Myhre for DUI.
The State of Montana (State) charged Myhre by complaint in the Broadwater County Justice Court with misdemeanor DUI. Myhre moved to suppress all evidence obtained after Reddick approached his vehicle on the basis that Reddick did not have a particularized suspicion of wrongdoing sufficient to justify an investigative stop. The Justice Court denied the motion. The Justice Court subsequently held a bench trial, found Myhre guilty of DUI, sentenced him and entered judgment on the conviction and sentence. Myhre appealed to the District Court for trial de novo.
Myhre moved the District Court to dismiss the case, again arguing that Reddick did not have particularized suspicion sufficient to justify the investigative stop of his vehicle. The District Court held an evidentiary hearing, following which it denied Myhre's motion to dismiss. The case proceeded to a jury trial and the jury found Myhre guilty of DUI. The District Court sentenced Myhre and ordered execution of the sentence stayed pending appeal to this Court. Myhre appeals.
STANDARD OF REVIEW
A district court's ruling on a motion to dismiss in a criminal proceeding is a question of law which we review de novo. State v. White Bear, 2005 MT 7, 5, 325 Mont. 337, 5, 106 P.3d 516, 5.
DISCUSSION
Did the District Court err in denying Myhre's motion to dismiss the case?
As stated above, Myhre moved the District Court to dismiss the charge against him based on his contention that Reddick did not have sufficient particularized suspicion of wrongdoing to justify the investigative sto
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