State v. Staggs, Unpublished Decision (6-1-1998)
State v. Staggs, Unpublished Decision (6-1-1998)
Opinion of the Court
Defendant-appellant, Kathleen A. Staggs, appeals her conviction for driving under the influence of alcohol in violation of City of Mason Ordinance
At the hearing on the motion to suppress, Patrolman Jeff McDaniel of the Mason Police Department testified that about 2:00 a.m. on March 1, 1997, he observed appellant's vehicle traveling westbound on Mason Road. McDaniel noticed that appellant was weaving in her lane of travel. "[Appellant's vehicle] would weave within the lane to where it would touch the middle dividing lines and then also back over to the white line along the curb of the roadway." McDaniel followed appellant for approximately one-half mile during which time he saw her vehicle touch the center line twice and the white edge line twice. McDaniel then pulled appellant over.
Upon speaking with appellant, McDaniel noticed a moderate smell of alcohol about her. He asked appellant for her driver's license, but appellant responded that she did not have it with her because it was under suspension for a prior DUI arrest. McDaniel asked appellant to perform three field sobriety tests — the ninesteps-heel-to-toe test, the one-leg stand, and the finger-to-nose test — all of which appellant failed. McDaniel arrested appellant for driving under the influence of alcohol. Appellant was also charged with weaving in violation of Mason Ordinance 331.34 and driving under suspension in violation of Mason Ordinance
In her sole assignment of error, appellant complains that the trial court erred in denying her motion to suppress evidence. Appellant contends that "[a] minor flaw in driving does not provide the grounds for a police officer to make a valid investigatory stop of the driver."
When a police officer makes an investigatory stop of a vehicle, the officer must have a reasonable and articulable suspicion that the motorist is engaged in criminal activity or is operating his vehicle in violation of the law. Delaware v. Prouse (1979),
When considering a motion to suppress evidence, the trial court serves as the trier of fact and is the primary judge of the credibility of witnesses and the weight of evidence. State v. Fanning (1982),
After reviewing the record, we find that the decision of the trial court to overrule the motion to suppress was proper and supported by substantial and credible evidence. The initial traffic stop was based on the officer's observation that appellant was weaving in violation of a city of Mason ordinance. Accordingly, we find that the stop was justified. Dayton. See, also, Whren v. U.S. (1996),
Judgment affirmed.
YOUNG, P.J., and POWELL, J., concur.
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