Montana Drunk Driving Case Law
Please find, below, selected case laws decided by Supreme Court of Montana or Court of Appeals of Montana where the terms dui, dwi, drunk driving, or driving under the influence has been mentioned. These cases are not necessarily criminal cases and may include cases where the facts or court decision merely mentions drunk driving related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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State v. Haley - 12/13/2005
Submitted on Briefs: June 29, 2005
Pursuant to § I, para. 3(d)(v), Montana Supreme Court 1996 Internal Operating Rules, as amended in 2003, the following memorandum decision shall not be cited as precedent. Its case title,...
State v. Seaman - 12/6/2005
Submitted on Briefs: September 7, 2005
Tammie Seaman was convicted of driving under the influence (DUI) following the Justice Court's denial of her motion to suppress. She appealed to the District Court for the Eighth Judicial...
State v. McGarvey - 12/6/2005
Submitted on Briefs: September 21, 2005
On November 14, 2003, a jury convicted Appellant Troy McGarvey on two counts of deliberate homicide, based in significant part on an extra-judicial confession recounted by two trial...
State v. Sheehan - 12/6/2005
Submitted on Briefs: January 26, 2005
Donald Lee Sheehan ("Sheehan") appeals his conviction in the District Court for the Seventh Judicial District, Richland County, of driving while under the influence of alcohol ("DUI"),...
Herman v. State - 11/8/2005
Submitted on Briefs: October 5, 2005
Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996 Internal Operating Rules, the following decision shall not be cited as precedent. It shall be filed as a public document...
State v. Myhre - 11/8/2005
Submitted on Briefs: September 27, 2005
David Jon Myhre (Myhre) appeals from his conviction and sentence in the First Judicial District Court, Broadwater County, for driving under the influence of alcohol (DUI). We affirm. ...
State v. Jivelekas - 11/3/2005
Submitted on Briefs: July 26, 2005
The State of Montana appeals the District Court's order filed May 3, 2004, granting Billy Jivelekas approval to operate a vehicle for employment purposes. We affirm.
The State argues...
Bingman v. State - 11/1/2005
Argued and Submitted: January 12, 2005
On August 28, 2001, James Dean Bingman (Bingman) was convicted of driving under the influence of alcohol (DUI), a felony. Bingman was committed to the Montana Department of Corrections for...
State v. Osborne - 10/25/2005
Submitted on Briefs: September 7, 2005
Steven Lee Osborne (Osborne) was convicted of felony driving under the influence (DUI). Pursuant to a plea agreement, the court designated Osborne as a persistent felony offender and...
State v. Hout - 6/28/2005
Submitted on Briefs: May 17, 2005
Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996 Internal Operating Rules, the following decision shall not be cited as precedent. It shall be filed as a public document with...
Hayes v. State - 6/14/2005
Submitted on Briefs: February 2, 2005
Gregory Lynn Hayes (Hayes) appeals from the order entered by the Nineteenth Judicial District Court, Lincoln County, on January 27, 2004, concluding that Hayes was arrested for driving...
State v. Hudson - 6/7/2005
Submitted on Briefs: May 11, 2005
A jury in the Thirteenth Judicial District Court, Yellowstone County, convicted the Appellant Cory Allyn Hudson (Hudson), on one count of driving while under the influence of alcohol, a felony....
Houghtaling v. State - 5/26/2005
Submitted on Briefs: May 3, 2005
Pursuant to Section I, Paragraph 3(d)(v), Montana Supreme Court 1996 Internal Operating Rules, as amended in 2003, the following memorandum decision shall not be cited as precedent. Its case...
State v. Wiedrich - 5/17/2005
Submitted on Briefs: January 26, 2005
Arnold Wiedrich (Wiedrich) pled guilty to felony driving while under the influence of alcohol. He appeals the sentence imposed by the Thirteenth Judicial District Court. We affirm in part...
State v. Flaherty - 5/17/2005
Submitted on Briefs: February 2, 2005
Patrick Eugene Flaherty appeals from a Decision and Order of the Montana First Judicial District Court denying his motion to suppress the results of an Intoxilyzer 5000 breath test. We...
State v. Odyk - 5/5/2005
Submitted on Briefs: March 23, 2005
Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996 Internal Operating Rules, the following decision shall not be cited as precedent. It shall be filed as a public document with...
State v. Todd - 5/4/2005
Submitted on Briefs: April 12, 2005
William Walker Todd (Todd) appeals from the judgment entered by the Eighteenth Judicial District Court, Gallatin County, on his conviction for driving under the influence of alcohol (DUI), a...
State v. Herman - 4/19/2005
Submitted on Briefs: March 1, 2005
Pursuant to Section I, Paragraph 3(d)(i), Montana Supreme Court 1996 Internal Operating Rules (Memorandum Opinions), we determine that settled Montana law clearly controls the legal issues...
State v. Zakovi - 4/12/2005
Submitted on Briefs: March 16, 2004
Jacob H. Zakovi (Zakovi) appeals from the judgment entered in the Fifth Judicial District Court, Jefferson County, finding him guilty of driving under the influence of alcohol, a misdemeanor,...
State v. Fode - 4/5/2005
Submitted on Briefs: March 16, 2005
Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996 Internal Operating Rules, the following decision shall not be cited as precedent. It shall be filed as a public document with...
State v. Carter - 4/5/2005
Submitted on Briefs: December 8, 2004
Zane Carter (Carter) appeals from the judgment entered by the District Court of the Eighth Judicial District, Cascade County, on a jury verdict finding him guilty of the offense of driving...
State v. Coker - 4/5/2005
Submitted on Briefs: September 21, 2004
Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996 Internal Operating Rules, the following decision shall not be cited as precedent. It shall be filed as a public document...
State v. Larson - 12/7/2004
Larson was involved in a one-vehicle rollover November 11, 2001, on a frontage road north of Brady, Pondera County, that caused the death of Nicholas John Clare (Clare). The particular stretch of roadway where the accident occurred...
State v. Steen - 12/7/2004
On June 8, 2002, at approximately 1:10 a.m., Bozeman Police Officer Doug Lichte (Officer Lichte) was traveling east on Main Street in Bozeman, Montana, when he observed a full-size pickup make a wide left hand turn at the intersection of...
State v. Otto - 11/30/2004
Duane Alan Otto pled guilty to a first offense violation of § 61-8-401, MCA, driving under the influence of alcohol ("DUI"). The plea was made pursuant to § 46-12-204(3), MCA, allowing Otto to appeal the District Court's denial of both his...
State - 11/24/2004
OPINION AND ORDER
D.M.B., a juvenile, through counsel of record, filed an application for writ of supervisory control. By order entered on October 14, 2004, we ordered the Respondent District Court and/or the Yellowstone County...
City of Missoula v. O'Neill - 11/23/2004
At approximately 2:00 a.m. on February 9, 2003, Michael Blazevich (Blazevich), a campus security officer for the University of Montana (University) Office of Public Safety, was patrolling the University's South Campus Stadium area, which...
State v. Snell - 11/23/2004
This Court issued its original Opinion in this case on September 14, 2004. See State v. Snell , 2004 MT 258, 323 Mont. 84, ___P.3d ___ ( Snell I ). Snell filed a Petition for Rehearing on September 24, 2004. The State filed its Objections...
State v. Griffin - 11/23/2004
On February 6, 2003, Butte-Silver Bow Police Officer Sharman Hock observed Griffin driving his pickup. Officer Hock was aware Griffin did not have a valid license, but confirmed this fact with dispatch. She followed Griffin to a residence...
State v. Boettiger - 11/12/2004
Steven Boettiger (Boettiger) appeals the judgment of the Eighth Judicial District Court, Cascade County, finding him guilty of driving under the influence and speeding.
We address the following issue on appeal and affirm: Did...
State v. Homegun - 11/12/2004
David L. Homegun (Homegun) appeals the judgment of the Ninth Judicial District Court, Glacier County, denying his motion to dismiss his felony DUI charge on the basis that the two previous DUI convictions used to enhance his charge were...
State v. DeWitt - 11/12/2004
Submitted on Briefs: July 17, 2003
Patrick DeWitt (DeWitt) was convicted of two counts of aggravated burglary. He appeals his conviction on several grounds. We affirm in part and reverse and remand in part.
ISSUES
...
State v. Nelson - 11/9/2004
On May 26, 2002, Hill County Deputy Sheriff Cory D. Matkin (Deputy Matkin) and Reserve Deputy Sheriff Tim Herron were covering the "graveyard shift." At approximately 12:40 a.m., Deputy Matkin observed two vehicles parked next to each...
[W] State v. Snell - 9/14/2004
Submitted on Briefs: January 24, 2004
On October 28, 1999, an Information charged Kenneth Snell with operating a motor vehicle while under the influence of alcohol or drugs, fourth offense, and driving while license suspended...
State v. Reeder - 9/8/2004
Michael Reeder appeals from the order entered by the Eighteenth Judicial District Court, Gallatin County, affirming in part and reversing in part the judgment and sentence entered by the Bozeman Municipal Court upon a jury verdict...
State v. McIntire - 8/31/2004
Submitted on Briefs: December 19, 2003
Michael McIntire was convicted of burglary in the District Court for the Eighth Judicial District, Cascade County. He appeals from the court's sentencing order requiring him to pay...
City of Billings v. Peterson - 8/24/2004
Submitted on Briefs: April 7, 2004
A Billings Municipal Court jury convicted Rocky T. Peterson of the misdemeanor offenses of careless driving and driving under the influence of alcohol. After a number of interim procedural...
State v. Maki - 8/24/2004
Submitted on Briefs: August 7, 2003
Raymond Maki appeals from his conviction on January 22, 2002, in the Eighth Judicial District Court, Cascade County, finding him guilty of driving under the influence of alcohol. We affirm...
State v. Labuda - 8/10/2004
Submitted on Briefs: May 19, 2004
Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996 Internal Operating Rules, the following decision shall not be cited as precedent. The decision shall be filed as a public...
State v. Loney - 8/3/2004
Heard at Oral Argument: May 20, 2004
Submitted: June 8, 2004
The Eighth Judicial District Court, Cascade County, determined the State of Montana lacked particularized suspicion for the investigative stop of a vehicle...
State v. Kroll - 8/3/2004
Submitted on Briefs: March 2, 2004
Leonard Kroll (Kroll) appeals from the judgment entered by the Thirteenth Judicial District Court, Yellowstone County, imposing certain conditions as to the suspended portion of his sentence....
State v. Godfrey - 7/28/2004
Heard at oral argument: May 6, 2003
Submitted: September 9, 2003
Tracey Raymond Godfrey appeals from the jury verdict, judgment, and sentence of the Twenty-first Judicial District, Ravalli County, in which he was...
Brewer v. State - 7/27/2004
Submitted on Briefs: July 6, 2004
Phil W. Brewer (Brewer) appeals from the order entered by the Sixteenth Judicial District Court, Custer County, denying his petition to reinstate his driver's license. We affirm.
The...
Muri v. State - 7/27/2004
Submitted on Briefs: June 8, 2004
Glenda G. Muri (Muri) appeals from the order entered by the Sixteenth Judicial District Court, Custer County, denying her petition for reinstatement of her driver's license. We affirm.
...
State v. Henderson - 6/30/2004
Submitted on Briefs: March 3, 2004
Henderson was charged with criminal possession of dangerous drugs. He pled guilty to the charge and received a five-year sentence. Afterwards, Henderson filed a petition for post-conviction...
State v. Merrill - 6/29/2004
Submitted on Briefs: May 26, 2004
China Merrill appeals from the order of the Nineteenth Judicial District Court, Lincoln County, entered on February 19, 2003, denying her motion to suppress evidence. We affirm.
The...
State v. McDanold - 6/29/2004
Submitted on Briefs: May 4, 2004
Craig McDanold pled guilty in the Seventh Judicial District Court, Dawson County, to aggravated kidnapping, assault with a weapon by accountability, obstruction of justice and possession of...
State v. Chesley - 6/22/2004
Submitted on Briefs: January 13, 2004
On July 30, 1998, Dustin Chesley pled guilty to the offense of theft, a felony pursuant to § 45-6-301, MCA. The State fully discharged Chesley's sentence as of January 18, 2003. On April...
Kallowat v. State - 6/15/2004
Submitted on Briefs: December 19, 2003
Robin Kallowat was convicted of Felony DUI, Driving while License Suspended or Revoked, and Felony Bail Jumping in the Twentieth Judicial District Court, Sanders County. He appealed to...
State v. Brander - 6/11/2004
Submitted on Briefs: March 16, 2004
On the Powell County side of McDonald Pass, Jerry Brander was arrested for driving under the influence of alcohol or drugs. He was subsequently charged with felony driving under the influence...
State v. Heath - 5/14/2004
Submitted on Briefs: August 22, 2003
Douglas Heath (Heath) entered guilty pleas to one count of theft, for violation of § 45-6-301(1)(a), MCA (1999), a felony, and one count of possession of burglary tools, a violation of §...
State v. Hall - 4/27/2004
Submitted on Briefs: October 24, 2003
The Appellant, Gary Lee Hall, was charged with a fourth offense of driving under the influence of alcohol pursuant to § 61-8-401, MCA, and for driving with a suspended license, pursuant to...
[T] Peterson v. State - 4/6/2004
Submitted on Briefs: November 13, 2003
Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996 Internal Operating Rules, the following decision shall not be cited as precedent. The decision shall be filed as a public...
State v. Herd - 4/6/2004
Submitted on Briefs: February 18, 2004
Michelle Lee Herd appeals a sentencing condition imposed in the District Court Judgment which followed her plea of guilty to four counts of negligent homicide. We reverse and remand. ...
State v. Slavin - 3/30/2004
Submitted on Briefs: February 27, 2003
Lenorse Slavin (Slavin) was charged by Information with kidnaping, a felony, in violation of § 45-5-302, MCA, and assault with a weapon, a felony, in violation of § 45-4213(1)(b), MCA. A...
State v. Megard - 3/23/2004
Submitted on Briefs: January 21, 2004
1. Kelly Dee Megard appeals from the order entered by the Nineteenth Judicial District Court, Lincoln County, which revoked his suspended sentences. We affirm.
2. The issue is whether...
State v. May - 3/2/2004
Submitted on Briefs: January 6, 2004
Reserving her right to appeal issues relating to suppression of evidence, Cheri Larkin May pled guilty to driving under the influence of alcohol (DUI) and violating probationary driver's...
[T] State v. Mignogna - 3/2/2004
Submitted on Briefs: June 27, 2002
Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996 Internal Operating Rules, the following decision shall not be cited as precedent but shall be filed as a public document with...
Widdicombe v. State - 3/2/2004
Submitted on Briefs: February 10, 2004
On the night of February 21, 2003, Ronald Widdicombe was stopped by the Montana Highway Patrol for suspicion of driving under the influence of alcohol. During the stop, Widdicombe...
Vleet v. Montana Association of Counties Workers' Compensation Trust - 2/19/2004
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
The trial of this matter was held in Great Falls, Montana, on June 2, 2003. The petitioner was represented by Mr. Daniel B. Bidegaray and Ms. Anna M. Bidegaray. Respondent was...
State v. Mingus - 2/5/2004
Submitted on Briefs: December 4, 2003
Robert Mingus (Mingus) appeals the sentence imposed by the District Court. We reverse in part, affirm in part, and remand.
The issue presented on appeal is whether the District...
State v. Nelson - 1/27/2004
Submitted on Briefs: September 4, 2003
I. INTRODUCTION
The State of Montana (State) charged Marcus B. Nelson (Nelson) with one count of Driving or in Actual Physical Control While Under the Influence of Alcohol or Drugs,...
State v. Gazda - 12/18/2003
Argued and Submitted: October 7, 2003
John L. Gazda (Gazda) appeals from his conviction of deliberate homicide, a felony in violation of § 45-5-102(1)(a), MCA, following a jury trial in the First Judicial District Court, Lewis...
State v. Turbiville - 12/15/2003
Submitted on Briefs: September 26, 2002
Larry Turbiville (Turbiville), the holder of a North Dakota driver's license, was convicted in Fallon County Justice Court for driving a motor vehicle while under the influence of alcohol...
City of Whitefish v. Large - 11/25/2003
Submitted on Briefs: September 18, 2003
Melissa Large was charged with misdemeanor Driving Under the Influence of Alcohol, § 61-8-406, MCA, in Whitefish City Court. She filed a motion to suppress, which was denied. Large then...
Cutler v. Jim Gilman Excavating - 11/18/2003
Submitted on Briefs: January 30, 2003
Appellant Marvin Cutler was injured in a single vehicle accident near Anaconda, Montana. As a result, Cutler filed a complaint against Respondents Jim Gilman Excavating, Inc., Anaconda-Deer...
Jefferson County v. Montana Standard - 11/6/2003
Submitted on Briefs: June 13, 2002
Appellant Donna Sevalstad pled guilty to driving under the influence of alcohol and driving with an expired license in the Fifth Judicial District Court, Jefferson County. At the time...
[T] State v. Briggs - 11/4/2003
Submitted on Briefs: February 6, 2003
Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996 Internal Operating Rules, the following decision shall not be cited as precedent. It shall be filed as a public document...
[T] State v. Strawn - 10/30/2003
Submitted on Briefs: August 7, 2003
Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996 Internal Operating Rules, the following decision shall not be cited as precedent. The decision shall be filed as a public...
City of Helena v. Kortum - 10/21/2003
Submitted on Briefs: July 11, 2002
On June 17, 2000, the City of Helena (City) charged George Peter Kortum (Kortum) with driving under the influence of alcohol (DUI) pursuant to § 61-8-401(1), MCA, and running a red light...
[T] State v. Sirucek - 9/30/2003
Submitted on Briefs: July 17, 2003
Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996 Internal Operating Rules, the following decision shall not be cited as precedent but shall be filed as a public document with...
State v. Bertolino - 9/30/2003
Submitted on Briefs: November 26, 2002
Nicole Bertolino appeals her conviction and sentence for driving while under the influence entered in the Fifth Judicial District Court, Beaverhead County, on June 3, 2002. We reverse. ...
State v. Egdorf - 9/25/2003
Submitted on Briefs: June 20, 2002
August D. Egdorf (Egdorf), an outfitter, was charged and convicted in the Justice Court of Musselshell County of five misdemeanor offenses involving violations of Montana's fish and wildlife...
[T] State v. Crasco - 9/19/2003
Submitted on Briefs: July 10, 2003
Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996 Internal Operating Rules, the following decision shall not be cited as precedent but shall be filed as a public document with...
State v. Reiner - 9/11/2003
Submitted on Briefs: November 7, 2002
Frank Frederick Reiner (Reiner) was convicted of misdemeanor driving under the influence of alcohol or drugs. He was sentenced to six months in the Lake County Jail, with all but ten days...
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