Muri v. State, 03-676.

• Decision Date: 27 July 2004
• Docket Number: No. 03-676.,03-676.
• Citation: 322 Mont. 219,95 P.3d 149,2004 MT 192
• Court: Montana Supreme Court
• Parties: Glenda G. MURI, Plaintiff and Appellant, v. STATE of Montana, Respondent and Respondent.

95 P.3d 149

2004 MT 192

322 Mont. 219

Glenda G. MURI, Plaintiff and Appellant, v. STATE of Montana, Respondent and Respondent.

No. 03-676.

Supreme Court of Montana.

Submitted on Briefs June 8, 2004.

Decided July 27, 2004.

For Appellant: Terry J. Hanson, Attorney at Law, Miles City, Montana.

For Respondent: Honorable Mike McGrath, Attorney General; Tammy K. Plubell, Assistant Attorney General, Helena, Montana Jeffrey A. Noble, City Attorney for Miles City, Miles City, Montana.

Chief Justice KARLA M. GRAY delivered the Opinion of the Court.

¶ 1 Glenda G. Muri (Muri) appeals from the order entered by the Sixteenth Judicial District Court, Custer County, denying her petition for reinstatement of her driver's license. We affirm.

¶ 2 The issue on appeal is whether the District Court erred in denying Muri's petition to reinstate her driver's license.

BACKGROUND

¶ 3 Miles City Police Department Officer Jeremy Tafelmeyer (Tafelmeyer) was on patrol at approximately 2:00 a.m. on February 25, 2003, when he observed a vehicle make a left turn without signaling. Tafelmeyer began following the vehicle. At that point, they were traveling down a two-lane street with one lane of traffic in each direction. Tafelmeyer observed that the registration tags on the vehicle's rear license plate had expired and he initiated a traffic stop on that basis. Based on observations made before and during the traffic stop, Tafelmeyer believed the driver, Muri, to be driving under the influence of alcohol (DUI). Muri performed field sobriety tests at Tafelmeyer's request, following which he arrested her for DUI. During the subsequent arrest procedure, Muri was asked to submit to a test of her blood alcohol content and she refused to do so. Consequently, the State of Montana (State) seized and suspended Muri's driver's license pursuant to § 61-8-402(4), MCA.

¶ 4 Muri petitioned the District Court requesting reinstatement of her driver's license based on her assertion that Tafelmeyer did not have reasonable grounds to believe she 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 Muri's petition and Muri appeals.

STANDARD OF REVIEW

¶ 5 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

¶ 6 Did the District Court err in denying Muri's petition to reinstate her driver's license?

¶ 7 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 61-8-402(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.

¶ 8 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 61-8-401

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.

¶ 9 When interpreting only subsections (i) and (iv) of § 61-8-403(4)(a), MCA, the district court ruling on a petition to reinstate a driver's license determines: (1) whether the arresting officer had reasonable grounds to believe the petitioner had been driving or was in actual physical control of a vehicle upon a way of the state open to the public while under the influence of drugs or alcohol; (2) whether the petitioner was lawfully under arrest; and (3) whether the petitioner refused to submit to a blood or breath test. Widdicombe, ¶ 8. Muri challenged only the "reasonable grounds" question in her petition to reinstate her driver's license. We have held that the "reasonable grounds" requirement is the equivalent of a "particularized suspicion" to make an investigative stop as provided in § 46-5-401, MCA. Anderson v. State Dept. of Justice (1996), 275 Mont. 259, 263, 912 P.2d 212, 214. Furthermore, whether a particularized suspicion exists generally is a question of fact determined by examining the totality of the circumstances. Anderson, 275 Mont. at 263, 912 P.2d at 214.

¶ 10 At the hearing on the petition, Tafelmeyer testified that, after he began following Muri's vehicle, he observed it swerve in the driving lane twice; once to the left when it crossed some railroad tracks and, later, to the right crossing over the fog line. He admitted that he also swerved when crossing the railroad tracks to avoid unevenness in the road. Tafelmeyer also testified he observed expired registration tags on the vehicle's rear license plate. When he stopped Muri's vehicle it was approximately 2:00 in the morning, the time when the local bars closed. Tafelmeyer further testified that, when he approached the window on the driver's side of the vehicle to inform Muri why he stopped her, he detected a strong odor of alcoholic beverage. He asked Muri whether she had been drinking that night and she responded that she had consumed one beer.

¶ 11 Tafelmeyer then asked to see Muri's driver's license, proof of insurance and vehicle registration. She could not produce her license because she did not have it with her. The passenger in Muri's vehicle produced the proof of insurance and registration papers from the glove compartment. Tafelmeyer asked Muri for her social security number and date of birth. He testified that she initially responded that she could not remember, but, after a brief hesitation, recited her social security number in a quiet voice with slurred speech. Tafelmeyer admitted that his report written later that evening stated Muri's speech was normal because her speech was no longer slurred by the time they reached the police station. After Muri recited her social security number, Tafelmeyer requested Muri to get out of the vehicle, at which point he observed that her eyes were bloodshot. He then asked her to perform various field sobriety tests, following which he arrested her for DUI.

¶ 12 Following the hearing on Muri's petition to reinstate her driver's license, the District Court found that Tafelmeyer's testimony established he had reasonable grounds to believe Muri was driving a motor vehicle while under the influence of alcohol prior to requesting that she perform field sobriety tests. Based on this finding, the court concluded Muri was not entitled to reinstatement of her driver's license and denied her petition. Muri contends that the District Court's...