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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
SCRAM stands for Secure Continuous Remote Alcohol Monitor. It continuously monitors your sweat for the presence of alcohol to see if you’ve been drinking. When it detects alcohol, it notifies authorities that you are in violation. In Montana, it can be used to help monitor repeat DUI offenders. But, because the science it relies on [...]
As a Montana criminal defense attorney and DUI defense lawyer, I often get asked how I can justify what I do. The person who asks this question always seems to think that I am making the world a more dangerous place for Montana drivers, by ensuring that dangerous people aren’t punished for their drunk driving. [...]
