A jury found a 53-year-old Helena man guilty of his 12th driving under the influence offense on Wednesday evening. After two days of testimony, the 12 members of the jury took about three hours of deliberation. Charles R. Horton is set to be sentenced for felony DUI on July 28. Horton, 53, was accused of [...]
State v. Baze is a Montana Supreme Court decision on a DUI case and stands for the proposition that a faxed toxicology report containing blood test results was hearsay testimony and could not be admitted under the business records exception found in the Montana Rule of Evidence 803(6). Recently, I wrote about hearsay evidence in [...]
Evidence is a funny thing. On the one hand, we want the jury to be able to consider as much information as possible in order to reach the correct conclusion. But after a lot of trial and error, we have discovered that some types of information are more trouble than they are worth. For example, [...]
If you’ve been arrested for a DUI in Montana, here is a list of things that you should do: If your license was revoked because you refused a test, you should file a Petition for Return of Driver’s License. In Montana you have 30 days to request the hearing in District Court for the County [...]
For the first conviction of Driving Under the Influence of Alcohol or Drugs (DUI) in Montana, you may be sentenced to not less than 24 hours or more than 6 months in jail. The fine will be between $300 and $1,000 (unless one or more passengers under the age of 16 years old were in [...]
