Rupp v. State, Department of 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 of alcohol.

On December 13, 1995, at approximately 11:40 pm, two Hamilton police officers were sitting in their patrol car observing the entrance to a…