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State v. Todd5/4/2005
Submitted on Briefs: April 12, 2005
William Walker Todd (Todd) appeals from the judgment entered by the Eighteenth Judicial District Court, Gallatin County, on his conviction for driving under the influence of alcohol (DUI), a misdemeanor, in violation of § 61-8-401, MCA. We affirm.
Todd raises the following issues:
1. Did the District Court err in denying Todd's motion to dismiss?
2. Did the District Court abuse its discretion in allowing the arresting officer to testify regarding the results of Todd's field sobriety tests?
BACKGROUND
At approximately 2:00 a.m. on June 26, 2003, Gallatin County Sheriff's Deputy Don Peterson (Peterson) and another sheriff's deputy were conducting a canine training exercise in Lindley Park (the Park) in Bozeman, Montana, when they observed a vehicle enter the Park and park about twenty feet from their patrol cars. Pursuant to a City of Bozeman (City) ordinance, the Park is closed to the public after dark. Peterson walked toward the vehicle to inform the occupants that the Park was closed. As Peterson approached, the driver exited the vehicle carrying an opened bottle of beer in one hand and two or three unopened beer bottles in the other hand. The City also has enacted an open container ordinance. Peterson continued toward the driver to inform the driver regarding both the Park closure and the open container ordinances.
When Peterson reached the driver--subsequently identified as Todd--he smelled the odor of alcohol on Todd's breath and observed that Todd's eyes were glassy. Peterson asked whether Todd had been drinking and Todd replied he had consumed three beers. Todd further stated that he and his companion were intending to climb the nearby hill to drink beer and watch the city lights. Peterson then requested Todd to perform several field sobriety tests. Based on Peterson's observations during the encounter and Todd's performance of the field sobriety tests, Peterson arrested Todd and transported him to the Gallatin County Detention Center. At the detention center, Peterson requested Todd to take a breath test to determine his blood alcohol concentration. After refusing several times, Todd eventually agreed to take the breath test, which revealed his blood alcohol concentration to be .135.
Todd was charged by complaint in the Gallatin County Justice Court with misdemeanor DUI. He moved the Justice Court to dismiss the charge on the basis that the initial investigatory stop was not justified because Peterson lacked a particularized suspicion that Todd was DUI. The Justice Court denied the motion. Todd was convicted of DUI by a jury and sentenced by the Justice Court. He then appealed his conviction to the District Court, where he renewed his motion to dismiss for lack of particularized suspicion justifying the investigatory stop. The District Court denied the motion. The District Court held a bench trial and found Todd guilty of DUI. The court then sentenced Todd and entered judgment on the conviction and sentence. Todd appeals.
DISCUSSION
1. Did the District Court err in denying Todd's motion to dismiss?
Todd moved the District Court to dismiss the DUI charge on the basis that Peterson did not have sufficient particularized suspicion that Todd was DUI to justify the investigatory stop which led to his arrest. The District Court held a hearing on the motion at which Peterson was the only witness to testify. At the close of the hearing, the court entered oral findings of fact and conclusions of law, determining that Peterson was justified in initially approaching and stopping Todd based on the fact that the Park
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