Submitted on Briefs: April 8, 2015.
Released for Publication May 26, 2015.
APPEAL FROM: District Court of the Twenty-Second Judicial District, In and For the County of Carbon, Cause No. DV 14-72. Honorable Blair Jones, Presiding Judge.
For Appellant: A.W. Kendall, Attorney at Law; Red Lodge, Montana.
For Appellee: Timothy C. Fox, Montana Attorney General, Brenda K. Elias, Assistant Attorney General; Helena, Montana; Hope E. Freeman, Attorney at Law; Red Lodge, Montana; Joel Todd, Red Lodge City Prosecutor; Red Lodge, Montana.
MICHAEL E WHEAT. We Concur: MIKE McGRATH, LAURIE McKINNON, BETH BAKER, JIM RICE. Justice Michael E Wheat delivered the Opinion of the Court.
Michael E Wheat,
[¶1] Kelly Mitchell appeals from the order of the Montana Twenty-Second Judicial District Court, Carbon County, denying his petition to reinstate his driver's license. We affirm.
[¶2] We review the following issue: Did the District Court err when it [379 Mont. 128] decided that Mitchell violated § 61-8-328, MCA, by crossing the center line of a road with his vehicle?
FACTUAL AND PROCEDURAL BACKGROUND
[¶3] Police Officer Matthew Grieshop was patrolling a road near Red Lodge on May 31, 2014. At around 1:00 a.m., he began following two vehicles. The vehicle furthest from Grieshop was operated by Mitchell. After some time, the vehicle between Grieshop and Mitchell passed Mitchell's vehicle. As it did so, Mitchell's vehicle crossed over the yellow center line of the road. While Grieshop was following Mitchell, Mitchell's vehicle also crossed the fog line on the right side of the road. After observing these incidents, Grieshop stopped Mitchell's vehicle.
[¶4] Grieshop issued Mitchell a citation for crossing the center line and then sought to administer a breath alcohol test. Mitchell refused to perform the test, and Grieshop arrested him for driving under the influence of alcohol or drugs. Pursuant to § ...