Pesanti v. North Dakota Department of Transportation
2013 ND 210
| N.D. | 2013Background
- At ~1:45 a.m. on April 7, 2012, Tioga officer Schrage heard engine revving and followed a vehicle for ~1.5 miles.
- While following, Schrage observed the vehicle (driven by Dante Pesanti) repeatedly drift from the centerline toward the fog line more than five times, weaving continuously but never crossing lines.
- Schrage also observed variable speed (40–45 mph in a 45 zone) and successful negotiation of a gentle S-curve; he did not observe any traffic-law violation.
- Based on his training and experience and these observations, Schrage stopped and arrested Pesanti for DUI; Pesanti’s reported BAC was .23 and his license was administratively suspended for 180 days.
- The administrative hearing officer upheld the suspension, finding the weaving and prior revving provided reasonable and articulable suspicion for the stop.
- The district court reversed; the Department of Transportation appealed to the North Dakota Supreme Court.
Issues
| Issue | Plaintiff's Argument (Pesanti) | Defendant's Argument (ND DOT / Officer) | Held |
|---|---|---|---|
| Whether officer had reasonable and articulable suspicion to stop vehicle | Weaving within lane was not a traffic violation and was only minor; stop was unjustified under Salter | Continuous, pronounced weaving over 1.5 miles plus engine revving and time (1:45 a.m.), evaluated under totality and officer experience, justified the stop | Court reversed district court: a reasonable mind could conclude the hearing officer’s finding of reasonable suspicion was supported by the record |
Key Cases Cited
- Salter v. N.D. Dep’t of Transp., 505 N.W.2d 111 (N.D. 1993) (slight or minimal weaving within a lane does not justify a vehicle stop)
- Dorendorf v. State, 359 N.W.2d 115 (N.D. 1984) (smooth, continuous weaving within a lane may justify an investigative stop)
- Mohl v. State, 784 N.W.2d 128 (N.D. 2010) (weaving and unusual touching of lines at night supported reasonable suspicion)
- Kappel v. N.D. Dep’t of Transp., 602 N.W.2d 718 (N.D. 1999) (totality of circumstances and officer inferences from training can create reasonable suspicion)
- Schock v. N.D. Dep’t of Transp., 815 N.W.2d 255 (N.D. 2012) (administrative suspension review limited to agency record; courts defer to hearing officer’s factual findings)