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State v. Joe3/19/2003
for a directed verdict on that count. See § 66-3-802. The trial judge reiterated that Deputy Jiles stated more than once that he could see the vehicle at 500 yards. Furthermore, the trial judge noted that with visibility of 500 yards, there was no reason at all to pull over Defendant's car. The order granting the motion to suppress articulates these findings in writing, noting that because Defendant's vehicle was visible from the "equivalent of five football fields away," there was no safety concern or reasonable suspicion of a statutory violation, and therefore the vehicle stop was illegal. The order finds that all evidence obtained from the stop must be suppressed. Based on our standard of review, looking at the evidence in the light most favorable to the prevailing party, we see no reason to disturb the trial court's ruling.
We understand the serious nature of Defendant's charges, and we agree with the State that an officer may stop a vehicle solely for safety concerns such as the one at issue here, even if his understanding of the law is incorrect. See Munoz, 1998-NMCA-140, 9. However, an officer must have a reasonable and articulable basis for a stop, even for public safety issues. See Apodaca, 118 N.M. at 626, 884 P.2d at 517. We also note that "[c]onflicts in the evidence, even within the testimony of a witness, are to be resolved by the fact finder at trial." State v. Jason L., 2000-NMSC-018, 10, 129 N.M. 119, 2 P.3d 856.
The trial court believed Deputy Jiles' trial testimony that he could see Defendant's vehicle from 500 yards away. This testimony could reasonably have cast into question Deputy Jiles' testimony concerning the necessity for headlamps. This Court will not weigh evidence or substitute its judgment for that of the fact finder as long as there is sufficient evidence to support the trial court's ruling. State v. Mora, 1997-NMSC-060, 27, 124 N.M. 346, 950 P.2d 789; Anderson, 107 N.M. at 167-68, 754 P.2d at 544-45. The evidence the trial judge considered in making his ruling was the stipulation that the stop took place just at sunset and that Deputy Jiles could see Defendant's car ahead, without headlamps, at 500 yards away. The trial judge could infer that 500 yards is too far for Deputy Jiles' headlights to illuminate an oncoming car.
Therefore, none of the elements of the statute are met. We also think it reasonable to infer, as the trial judge did, that 500 yards of visibility does not present a safety issue, even on a cloudy day and even if Deputy Jiles testified that he thought it was too dark to drive without headlamps. We hold that the trial court's finding that the stop of Defendant's vehicle was illegal, was supported by sufficient evidence, and that the trial court correctly applied the facts to the law.
DIRECTED VERDICT
The State asks this Court to reverse the order for a directed verdict on the count of failure to display headlamps because the trial court erred when it determined there was insufficient evidence. The State seems to argue that if we reverse the order granting the motion to suppress there would be sufficient evidence for the jury to decide on this count. However, the State does recognize that double jeopardy may bar a retrial on that charge.
A defendant is placed in jeopardy when the defendant's guilt or innocence is placed before the trier of fact. State v. Davis, 1998-NMCA-148, 12, 126 N.M. 297, 968 P.2d 808. When, as here, the trial court issues a directed verdict because it determined that the State did not produce sufficient evidence to carry its burden at trial, that verdict is an acquittal on that count. See County of Los Alamos v. Tapia, 109 N.M. 736, 739-40, 790 P.2d 1017, 1020-21 (1990).
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