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 [...]
Joshua Larson was charged with Driving Under the Influence in District Court in Missoula, Montana. He appealed his DUI/DWI conviction to the Montana Supreme Court, who affirmed the District Court. While making a traffic stop in Missoula, officers witnessed Larson squeal his tires through an intersection. One of the officers followed Larson, observed that he [...]
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 [...]
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 [...]
