DUI charges in Montana, no matter the outcome, will often involve a requirement that you take the ACT class. In fact, conviction for DUI per se requires that you take a state approved alcohol or dangerous drugs information course. The course must be provided by a certified chemical dependency counselor. The ACT program is a [...]
Montana DUI law prohibits operating a vehicle “under the influence of alcohol or drugs.” While we usually think of a DUI as involving alcohol, in Montana it could also be drugs (even if you have a prescription). Any substance that impairs your ability to safely operate a vehicle can lead to a charge of Driving [...]
Both the Montana and federal constitutions apply when a person is charged with Driving Under the Influence. Just like in any other criminal prosecution, the state must prove all elements of the offense beyond a reasonable doubt. In a DUI case, this means that the prosecution must prove that the defendant: was driving or in [...]
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 [...]
State v. Matson, 2010 MT 162N – Noncite Opinion In order to stop a vehicle, police officers must have a particularized suspicion that the driver has committed, is committing, or is about to commit an offense. In State v. Matson, the Montana Supreme Court addressed whether an officer had sufficient cause to form a particularized [...]
When a driver suspected of DUI is stopped in Montana, the officer will determine whether there is a particularized suspicion to believe that the driver is intoxicated. If the driver has such a suspicion, he may ask the driver to submit to a preliminary alcohol screening test (PAST). This is what is commonly called the [...]
Montana law prohibits one party from recording a conversation by use of a hidden electronic or mechanical device that reproduces a human conversation without the knowledge of all parties to the conversation. We Montanans take our privacy very seriously, and this is an excellent example of that (along with our constitutional right to privacy). But [...]
As a kid, I wanted to be a lawyer – and for some reason decided it would be important for me to memorize the Miranda warning. So I paid close attention to Law & Order, Cops, and any other show where criminal suspects were “read their rights.” And here’s what I memorized: You have the [...]
