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 [...]
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 [...]
A plea agreement is a compromise between the prosecution and the defense. It typically involves the defendant pleading guilty to some charge (often a less serious one than that originally charged), in exchange for other charges being dropped and often a recommendation from the prosecutor regarding sentencing. For example, a defendant charged with DUI and [...]
Whitefish Municipal Court is the city court of Whitefish, Montana. For misdemeanor DUIs which are alleged to have occurred within Whitefish city limits, this Court has jurisdiction. A DUI conviction in Whitefish Municipal Court, or any city court, is just as serious as anywhere else. The conviction becomes a permanent part of your criminal history [...]
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 [...]
A new specialty court designed to intervene with repeat drunken driving offenders will open in Butte on October 1st. Currently the Court has funding to stay open for the next three years based on a Department of Justice grant. The DUI court is designed for people convicted of two or three misdemeanor DUIs and who are [...]
