State v. Benders

¶1 Defendant Robert Benders appeals the order of the Thirteenth Judicial District Court, Yellowstone County, denying his motion to suppress evidence relating to his DUI conviction. We affirm.

¶2 We restate the issues as follows:

¶3 1. Did the District Court err in ruling that the arresting officer had particularized suspicion to conduct a stop, based on § 61-8-311(1), MCA, when Benders was driving well below the speed limit and there were four cars following in close succession?

¶4 2. Is § 61-8-311(1), MCA, unconstitutionally vague?

BACKGROUND

¶5 On the morning of November 2, 2003, Yellowstone…