With no explanation, chose the best option from "A", "B", "C" or "D". was clearly established at the time of the conduct at issue. Nelson, 207 F.3d at 1206 (justifying this special standard based on “the impor: tance of resolving immunity questions at the earliest possible stage in litigation” (quotation omitted)). If the plaintiff makes this two-part showing, the burden then shifts back to the defendant to demonstrate “that there are no genuine issues of material fact and that he or she is entitled to judgment as a matter of law.” Id. (quotation omitted). A With respect to the roadside sobriety tests, Jones proposes that Amundsen’s erratic driving by itself created reasonable suspicion of intoxication. According to Jones, this suspicion justified both the initial stop and the subsequent roadside testing. Because the administrati , 1017 (10th Cir.1988) (<HOLDING>). We have also held that drifting onto the

A: holding no reasonable suspicion where only indicia of criminal activity was truck driving on public road late at night
B: holding that mere use of a road will not make a road a public road even though such use is with the knowledge and consent of the landowner unless the use is accompanied by  recognition by public authority or by its maintainance sic
C: holding that a bia road was a tribal road by considering the nature of the rightofway at issue and finding that although the tribe had relinquished certain gatekeeping rights by allowing public use of the road and collaborating with the bia in maintaining it the tribe had maintained other significant gatekeeping rights because the rightofway was not granted to the state and the road did not form any part of the states highway system
D: holding that a car that moved from side to side left the paved portion of the road and weaved over the center of the road created reasonable suspicion of driving while intoxicated
D.