Orchard v. State, Department of Transportation
2011 WY 145
| Wyo. | 2011Background
- Orchard detained for DWUI; WYDOT notified of license suspension under §31-6-102.
- REDDI alert described a purple Dodge traveling north; officer observed a vehicle matching description.
- Officer observed driving infractions: drift over double yellow centerline and failure to signal turning into gas station.
- Orchard showed strong odor of alcohol; performed field sobriety tests; he refused preliminary breath test.
- Breath test at jail showed BAC 0.135%.
- Hearing officer and district court upheld the stop and suspension; Orchard challenged whether reasonable suspicion existed to stop.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there reasonable suspicion to initiate the stop | Orchard contends officer did not see him driving or committing violations. | Officer corroborated REDDI by observing centerline drift and failure to signal. | Yes; stop supported by reasonable suspicion based on observed violations and corroborating REDDI. |
| Was there probable cause to arrest for DWUI | Challenge that evidence did not establish probable cause. | Stop and observations produced probable cause to arrest. | Yes; officer’s observations and test results supported probable cause. |
Key Cases Cited
- Damato v. State, 64 P.3d 700 (Wyoming 2003) (routine stop constitutes a seizure; stop justified by probable cause or reasonable suspicion)
- Harvey v. State, 250 P.3d 167 (Wyoming 2011) (standard for stop based on reasonable suspicion or probable cause)
- Frazier v. State, 236 P.3d 295 (Wyoming 2010) (requirement of articulable facts for reasonable suspicion)
- Tiernan v. State, 988 P.2d 1071 (Wyoming 1999) (observed traffic violations support stop; corroboration from officer’s observations)
- Fertig v. State, 146 P.3d 492 (Wyoming 2006) (cited for balance of information in reasonable suspicion analysis)
- McChesney v. State, 988 P.2d 1075 (Wyoming 1999) (totality of the circumstances test for reasonable suspicion)
- Alabama v. White, 496 U.S. 325 (Supreme Court 1990) (tips from anonymous informants may form reasonable suspicion with corroboration)
- Hull, 751 P.2d 351 (Wyoming 1988) (burden to challenge officer statements rests with driver; proper subpoena required)