A jury found a 53-year-old Helena man guilty of his 12th driving under the influence offense on Wednesday evening. After two days of testimony, the 12 members of the jury took about three hours of deliberation. Charles R. Horton is set to be sentenced for felony DUI on July 28. Horton, 53, was accused of [...]
State v. Flynn is a Montana Supreme Court decisions involving a DUI case. Specifically, the issue for the Court was whether the Deputy had particularized suspicion to stop Flynn’s vehicle. Particularized suspicion is an important concept in Montana DUI law, and something that I have discussed before on here. A police officer must have a [...]
State v. Baze is a Montana Supreme Court decision on a DUI case and stands for the proposition that a faxed toxicology report containing blood test results was hearsay testimony and could not be admitted under the business records exception found in the Montana Rule of Evidence 803(6). Recently, I wrote about hearsay evidence in [...]
Evidence is a funny thing. On the one hand, we want the jury to be able to consider as much information as possible in order to reach the correct conclusion. But after a lot of trial and error, we have discovered that some types of information are more trouble than they are worth. For example, [...]
If you’ve been arrested for a DUI in Montana, here is a list of things that you should do: If your license was revoked because you refused a test, you should file a Petition for Return of Driver’s License. In Montana you have 30 days to request the hearing in District Court for the County [...]
I defend the rights of people accused of DUI in Montana not because I think driving drunk is a good thing, but because I believe people accused of any crime are innocent until proven guilty and deserve the constitutional protections of any citizen. Montana State Representative Hale of Basin apparently goes all the way, and [...]
As a Montana DUI Attorney, I serve all of western Montana – representing ordinary people accused of drunk driving or diving while impaired. Because of its size, Missoula is one of the major areas for DUI charges. As one of the largest cities in the state, Missoula has a huge number of DUI arrests and [...]
If you have been accused of Drunk Driving, when you enter a plea to the charges of DUI you will also need to sign an acknowledgement of rights. If you have retained an attorney, you DUI lawyer may be able to file a document with the Court stating that he has explained your rights to [...]
When a Montanan accused of DUI is released from custody before trial, it is common practice to require they pay bail. The money given to the Court for bail is held to encourage the defendant to continue to make all his appearances and not leave the jurisdiction before trial. If he fails to do so, [...]
Almost every DUI I handle that doesn’t result in a not-guilty verdict or an outright dismissal includes a requirement that the defendant complete an approved ACT Program and complete any suggested follow-up treatment. Currently in Kalispell, there is only one approved ACT Provider: Flathead Valley Chemical Dependency Clinic. As of today, they are charging $375 [...]
