Mitchell v. State
347 P.3d 1278
Mont.2015Background
- May 31, 2014, officer followed Mitchell; Mitchell crossed center line and fog line; officer stopped vehicle.
- Mitchell refused breath alcohol test; license suspended under §61-8-402, MCA.
- June 24, 2014, Mitchell petitioned to reinstate license; hearing held July 9, 2014; petition denied.
- District Court found Mitchell violated §61-8-328, MCA, and that Grieshop had particularized suspicion to stop.
- Supreme Court reviews whether crossing the center line violated §61-8-328; holds no per se exception for momentary deviation; sustains district court’s ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Mitchell violate §61-8-328 by crossing the center line? | Mitchell argues momentary center-line deviation is not a violation. | Mitchell’s crossing violated the statute; a vehicle must stay within a lane. | Yes; momentary deviation is not an exception; violation occurred. |
Key Cases Cited
- State v. Haldane, 2013 MT 32 (2013 MT 32) (statutory violation suffices for reasonable suspicion)
- State v. Lafferty, 291 Mont. 157; 967 P.2d 363 (1998 MT 247) (crossing lines differs when not moving to another lane)
- Mont. Sports Shooting Ass’n v. State, 344 Mont. 1; 185 P.3d 1003 (2008 MT 190) (statutory interpretation guiding plain language analysis)