For people accused of DUI, or any crime, in Montana, a large number of constitutional protections apply. These include protections against unlawful search and seizure, the protection against Double Jeopardy, and the right to a jury trial. As I’ve discussed before, the State must prove all the elements of a charge beyond a reasonable doubt. [...]
Most DUI cases in Montana do not go to trial. There are a thousand different reasons for this, and they’re not worth getting in to at this time. However, it is a defendants unequivocal right to have all the elements of any criminal charges against him proven by the State beyond a reasonable doubt. At [...]
Montana law provides for immediate and automatic suspension and revocation of a driver’s license if you refuse to comply with a valid request for a Alcohol Content (AC) Test. This could be either a Portable Breath Test (PBT) at the scene, or a more technical and accurate test at the station, or a blood test [...]
Anyone who follows the news in Montana knows that DUI laws are near the top of the legisture’s agenda for this session. The Flathead Beacon details the proposals by Kalispell Representative Steve Lavin to toughen DUI laws in Flathead County and the rest of Montana. One of his proposals would require repeat drunken drivers to [...]
In State v. Gieser, the Montana Supreme Court recently reversed conviction on charges of DUI based on ineffective assistance of counsel. But this case is really about how important it is to get professional representation in a DUI case. Many lawyers view DUI cases in Montana as basic, and the type of thing that anyone [...]
In State v. Weer, recently decided by the Montana Supreme Court, Mr. Weer appealed the District Court’s decision to not reinstate his driver’s license. As we’ve discussed before, refusal to submit to a preliminary breath test in Montana results in the automatic suspension of your driver’s license. This is based on the Montana implied consent [...]
Former California Congressman Duke Cunningham was known for being tough on crime while serving as a legislator. Now, he’s known for taking bribes – a crime for which he is serving 8 years in prison. In the abstract, being tough on crime (and particularly defendants) seemed easy to Duke. But now that he has personal [...]
Let me be clear: no matter what you remember learning on Leave it to Beaver, a Montana police officer who has stopped you on suspicion of DUI is not your friend. He is not trying to help you. And, you should not do anything to make his job easier (unless it benefits you). The officer’s [...]
A deferred prosecution is a type of plea bargain, and basically a contract with the Court where you agree to meet certain conditions in exchange for the Court agreeing to postpone prosecution of your case. If you complete all the requirements, your case will be dismissed and no conviction will be entered against you. Let [...]
When a person is pulled over and the officer conducts a DUI investigation, he is looking for one main thing: evidence that you are impaired by alcohol or drugs. But, the officer has a number of disadvantages regarding the accuracy of his investigation. The first is that he is unaware of what your normal faculties [...]
