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RUPP v. STATE, DEPARTMENT OF JUSTICE

No. 96-159.

927 P.2d 1 (1996)

Mark A. RUPP, Petitioner and Appellant, v. STATE of Montana, DEPARTMENT OF JUSTICE, MOTOR VEHICLE DIVISION, Respondent and Respondent.

Supreme Court of Montana.

Decided November 14, 1996.

Attorney(s) appearing for the Case

David E. Stenerson, Hamilton, for Petitioner and Appellant.

Joseph P. Mazurek, Attorney General, John Paulson, Assistant Attorney General, Helena, James A. Haynes, Hamilton City Attorney, T. Geoffrey Mahar, Deputy Hamilton City Attorney, Hamilton, for Respondent and Respondent.

HUNT, Justice.

Appellant Mark A. Rupp (Rupp) appeals the decision of the Twenty-first Judicial District Court, Ravalli County, upholding the suspension of his driver's license pursuant to § 61-8-402, MCA, the implied consent law. We affirm.

The sole issue presented on appeal is whether the District Court erred in finding that law enforcement had the necessary particularized suspicion to make a vehicle stop and to arrest Rupp for driving under the influence...

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