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 [...]
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 [...]
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 [...]
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 [...]
Arraignment is the proceeding where the defendant may plead guilty or not guilty to the charge. Before accepting the plea, the judge must advise the defendant of all the rights listed in 46-12-210 and 46-7-102 MCA. The arraignment may be conducted with the defendant physically present before the Court or by two-way electronic audio-video communication [...]
After DUI charges are filed there are three basic stages to the case: 1) Initial Appearance; 2) Arraignment; and 3) Trial. Although most people think of trials when they think of Court, the truth is that many Montana DUIs are resolved without a trial. State law requires that after a person is arrested, he must [...]
