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 [...]
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 [...]
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 [...]
