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. [...]
As a native of Bigfork myself, I understand what it’s like to be caught on the outskirts of “town.” Surrounded by incorporated cities, the village of Bigfork occupies an interesting place in Flathead County’s legal landscape. Unlike Kalispell, Whitefish, Columbia Falls, and Polson, which all have their own city courts, Bigfork is (legally speaking) just [...]
Kalispell Municipal Court operates the only DUI Court in Flathead County. DUI Courts are an attempt to reduce drunk driving by habitual offenders who are not typically affected by education or public safety efforts, nor by traditional legal sanctions. A DUI Court is optional and up to the defendant. If a person chooses to use [...]
A person charged with Driving Under the Influence in Libby, MT may face misdemeanor or felony DUI charges depending on facts specific to each offense. The charges may be filed in Libby city court, Lincoln County Justice Court, or Lincoln County District Court. Misdemeanor charges can be heard in city and justice court, while felony [...]
If you are arrested for Drunk Driving in Kalispell, Montana, you could find yourself in any one of a number of different courts. If you were arrested by Kalispell City Police for DUI within Kalispell city limits, you will likely be charged in Kalispell City Court with Judge Heidi Ulbricht. If you are arrested by [...]
In Montana, a person’s first, second, and third conviction for DUI are misdemeanor offenses. This means that your case will generally be held in Justice Court. In Flathead County, the Justice Court is located on the second floor of the Justice Center. The fourth and subsequent convictions are felonies, meaning that they must be heard [...]
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 [...]
Under Montana DUI law, if you refuse to submit to an alcohol concentration test, your license is automatically suspended. A defendant whose license is suspended or revoked, may appeal to the district court in the county where the alleged DUI occurred. The appeal must be filed within 30 days of the revocation. At the hearing [...]
If an officer has stopped you (because he had a particularized suspicion) he will then watch for any indications that you are under the influence of alcohol or drugs. Assuming that there are some indications, the officer will then perform a Preliminary Screening Test. These tests come in a number of different formats, and carry [...]
The Fathead Beacon published an article online today which addresses the changes occurring throughout Montana in relation to drinking and driving. It starts by recounting Montana’s history of being lenient on DUI. Perhaps it was a part of the old-west mentality left behind, perhaps just the reality of thousands of miles of highway with such a small [...]
