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Grindeland v. State9/25/2001
APPEAL FROM: District Court of the Eighth Judicial District, In and for the County of Cascade, The Honorable Kenneth R. Neill, Judge presiding.
Submitted on Briefs: February 8, 2001
The State of Montana (State) appeals from the judgment entered by the Eighth Judicial District Court, Cascade County, on its findings of fact, conclusions of law and order granting the petition filed by Gary Grindeland (Grindeland) requesting reinstatement of his driver's license. We affirm.
The issue on appeal is whether the District Court erred in granting Grindeland's petition to reinstate his driver's license.
BACKGROUND
On the evening of November 23, 1999, Cascade County Deputy Sheriff Scott Van Dyken (Van Dyken) was patrolling in the area of Great Falls, Montana, when he received information of an anonymous citizen complaint regarding a careless driver. Van Dyken proceeded to the location specified in the complaint and, while he observed a vehicle matching the reported description in the parking lot of a fast food restaurant, he did not immediately observe any activity which in his opinion would justify an investigative stop of the vehicle. Van Dyken drove around the block, approached the restaurant again, saw the vehicle exit the parking lot and began to follow it. Eventually, the deputy observed the vehicle make a right-hand turn at an intersection without using a turn signal and he then initiated a traffic stop. He observed no other improper driving maneuvers prior to the stop.
The traffic stop culminated in Van Dyken arresting the driver, identified as Grindeland, for driving under the influence of alcohol. The deputy transported Grindeland to the Cascade County Sheriff's Office and requested him to submit a breath sample. Grindeland refused and, as a result, his driver's license was seized and his driving privileges suspended pursuant to §§ 61-8-402(4) and -402(6), MCA.
Grindeland subsequently petitioned the District Court to reinstate his driving privileges, arguing that the traffic stop which resulted in his arrest was illegal. He contended he was not required to use a turn signal when he made the right-hand turn and, therefore, Van Dyken could not have had a particularized suspicion that Grindeland had committed a traffic offense. Following a hearing on the petition, the District Court concluded Grindeland did not violate the law by failing to signal his turn and, as a result, Van Dyken's traffic stop was not supported by a particularized suspicion that an offense had occurred. Based on these conclusions, the court granted Grindeland's petition and reinstated his driving privileges. The State appeals.
STANDARD OF REVIEW
Our review of a district court's ruling on a petition to reinstate a driver's license is twofold. We review the court's findings of fact to determine whether they are clearly erroneous and we review its conclusions of law to determine whether they are correct. Williams v. State, 1999 MT 5, 9, 293 Mont. 36, 9, 973 P.2d 218, 9.
DISCUSSION
Did the District Court err in granting Grindeland's petition to reinstate his driver's license?
Grindeland brought his petition to reinstate his driver's license pursuant to § 61-8-403, MCA. That statute limits the District Court's review of Grindeland's petition to whether Van Dyken had reasonable grounds to believe Grindeland 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; Grindeland was placed under arrest; and he refused to submit to one or more tests designated by Van Dyken. Section 61-8-403(4)(a
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