Almost every DUI I handle that doesn’t result in a not-guilty verdict or an outright dismissal includes a requirement that the defendant complete an approved ACT Program and complete any suggested follow-up treatment. Currently in Kalispell, there is only one approved ACT Provider: Flathead Valley Chemical Dependency Clinic. As of today, they are charging $375 [...]
Former California Congressman Duke Cunningham was known for being tough on crime while serving as a legislator. Now, he’s known for taking bribes – a crime for which he is serving 8 years in prison. In the abstract, being tough on crime (and particularly defendants) seemed easy to Duke. But now that he has personal [...]
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 [...]
Upon conviction for a first DUI in Montana, the offender must be sentenced to a minimum of 24 consecutive hours in the county jail or a maximum of six months. Also, the offender must be fined a minimum of $300 and a maximum of $1,000. Any imprisonment beyond the 24 consecutive hours can be served [...]
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 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 [...]
A panel has sent a series of amendments to Montana’s DUI law that would be significantly more strict. The panel has stated that they are looking to crack down on drunk driving, which probably means trouble for innocent drivers in Kalispell. According to this article in the Helena Independent Record, the proposals would increase the [...]
A New Hampshire man was arrested for DUI, but only convicted of a lesser offense because of his body type. Now many are questioning the validity of field sobriety tests. Jaimil Choudhry, 20, of North Hampton is 5 feet 10 inches tall and weighs 230 pounds, which meets the clinical definition of obesity. While police [...]
Montana law allows for criminal mediation in most charges. Mediation may take place after the commencement of a prosecution but before the verdict. Entering into criminal mediation for a DUI in Montana requires a referral by a judge to a mediator chosen by the judge. The judge may choose to make such a referral on [...]
Usually, when people talk about a criminal record – they think of it as a singular thing. In reality, it is a conglomeration of many different databases and exists in many different versions. For people accused of a DUI in Montana, prosecutors will usually run searches on several different databases to determine whether there are [...]
