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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. Graves - 8/8/1995
52 St.Rep. 755 Submitted on Briefs May 12, 1995. This is an appeal from a jury verdict in the Eighteenth Judicial District, Gallatin County and the District Court's Sentence and Judgment. We affirm. Five issues were...

State v. Reynolds - 7/17/1995
52 St.Rep. 600 Submitted on Briefs May 11, 1995. Defendant/Appellant, Martin Reynolds (Reynolds), was charged with a third offense of driving under the influence of alcohol (DUI) on December 22, 1991. After a hearing, the...

State v. Egelhoff - 7/6/1995
52 St.Rep. 548 Heard October 27. 1994. Submitted February 23, 1995. James Allen Egelhoff (Egelhoff) appeals his conviction in the District Court of the Nineteenth Judicial District, Lincoln County, on two counts of...

State v. Price - 6/20/1995
, 52 St.Rep. 527 Submitted on Briefs May 25, 1995. Greg Price (Price) appeals from an order of the Eighth Judicial District Court, Cascade County, dismissing his appeal from City Court. We reverse and remand. On...

State v. Henry - 6/20/1995
, 52 St.Rep. 516 Submitted on Briefs March 23, 1995. Rehearing Denied July 13, 1995. Steven J. Henry (Henry) appeals from a jury verdict in the Twenty-First Judicial District Court, Ravalli County, finding him guilty of...

City of Whitefish v. Pinson - 5/11/1995
, 52 St.Rep. 384 Submitted on Briefs February 16, 1995. Carol Pinson (Pinson) appeals from the Order of Judgment and Sentence convicting her of a violation of § 61-8-401, MCA, entered by the Eleventh Judicial District...

State Ex Rel. Wilson v. District Court - 4/6/1995
, 52 St.Rep. 264 OPINION AND ORDER OF DISMISSAL AND REMAND Virginia P. Wilson, (Wilson) appeals from a District Court order dated May 12, 1993, denying her application for writ of certiorari in connection with a DUI prosecution...

State v. Stubbs - 3/30/1995
, 52 St.Rep. 232 Submitted on Briefs January 26, 1995. The State of Montana appeals from an order of the Nineteenth Judicial District Court, Lincoln County, suppressing evidence in a criminal case against Steven Richard...

State v. Voth - 3/23/1995
, 52 St.Rep. 225 Submitted on Briefs January 19, 1995. On November 17, 1993, William Joseph Voth, Jr., was found guilty of, and sentenced, for contempt of court for failing to personally appear at trial in Gallatin County...

State v. Black - 3/23/1995
, 52 St.Rep. 215 Submitted on Briefs March 16, 1995. Paul Oran Black (Black) appeals from his conviction by the First Judicial District Court, Lewis and Clark County, of the offense of sexual assault, a felony. We conclude...

State v. Pastos - 12/20/1994
, 51 St.Rep. 1441 Submitted September 15, 1994. This is an appeal from a Fourth Judicial District Court, Missoula County, memorandum and order, denying defendant Nikos Pastos' (Pastos) motion to suppress evidence and from...

State v. Moore - 11/22/1994
, 51 St.Rep. 1151 Submitted on Briefs September 13, 1994. Defendant Larry Moore was charged with deliberate homicide in violation of § 45-5-102(1)(a), MCA, and two counts of tampering with or fabricating physical...

Santee v. State - 10/25/1994
, 51 St.Rep. 1034 Submitted on Briefs September 15, 1994. Scott A. Santee (Santee) appeals an order of the District Court of the Sixth Judicial District, Park County, suspending his driver's license. We affirm. The...

State v. Rogers - 10/25/1994
, 51 St.Rep. 1037 Submitted on Briefs June 23, 1994. Robert Dean Rogers (Rogers) appeals from an order of the Eighteenth Judicial District Court, Gallatin County, granting the State of Montana's Motion to Dismiss Appeal. We...

State v. Barrack - 10/13/1994
, 51 St.Rep. 983 Submitted on Briefs July 6, 1994. This is an appeal from a Fourth Judicial District Court, Missoula County, jury verdict finding Donald Barrack, guilty of aggravated assault, and from the accompanying...

Custody of T.m. - 10/4/1994
, 51 St.Rep. 952 Submitted on Briefs June 2, 1994. Appellant Robert Darell Martz appeals from an order of the First Judicial District Court, Lewis and Clark County, terminating appellant's parental rights over T.M. ...

State Ex Rel. Torres v. Eighth Jud. Dist. - 7/6/1994
, 51 St.Rep. 599 Original Proceeding Submitted May 26, 1994. BACKGROUND This is an original proceeding. On February 9, 1993, John C. Torres, a/k/a John C. Hess, (Torres or the defendant) was charged by information in...

State v. Eklund - 4/5/1994
, 51 St.Rep. 335 Submitted on Briefs February 3, 1994. Defendant Robert John Eklund was found guilty of sexual intercourse without consent following a jury trial in the District Court for the Eleventh Judicial District,...

In Re Petition of Steele - 12/22/1993
Submitted on Briefs August 5, 1993. Petitioner Robert G. Steele appeals from the final decision of the State Bar of Montana Committee on Character and Fitness (Committee) refusing to certify petitioner to this Court for admission...

Montanye v. State - 12/6/1993
Rehearing Denied January 20, 1994. Submitted on Briefs July 1, 1993. This is an appeal from a judgment of the First Judicial District Court, Lewis and Clark County, revoking petitioner's driving license and finding that the...

State v. Jenkins - 11/18/1993
Rehearing Denied December 16, 1993. Submitted on Briefs August 12, 1993. This is an appeal from the District Court of the Eighteenth Judicial District, Gallatin County, the Honorable Larry W. Moran presiding. Appellant...

City of Billings v. Mccarvel - 11/18/1993
Rehearing Denied December 16, 1993. Submitted on September 3, 1993. The City of Billings filed its complaint in the City Court of the City of Billings in Yellowstone County on June 21, 1991, alleging that on that same...

State v. Later - 9/17/1993
Submitted on Briefs April 1, 1993. After trial in the Fifth Judicial District Court, Madison County, Montana, a jury found the defendant, Rick Later, guilty of misdemeanor official misconduct and acquitted him of six other...

State v. Barker - 8/24/1993
Submitted on Briefs July 20, 1993. The District Court for the Twenty-First Judicial District, Ravalli County, vacated a justice court's ruling which found appellant Barker guilty of reckless driving, on the grounds that the...

State v. Arrington - 8/10/1993
Submitted on Briefs June 10, 1993. This is an appeal from an Eighteenth Judicial District Court, Gallatin County, jury verdict in a negligent homicide action. We affirm. We restate the issues on appeal: I. Did the...

Mccullugh v. State - 7/20/1993
, 50 St.Rep. 854 Submitted on Briefs June 17, 1993. Leo David McCullugh appeals from an order entered by the District Court for the Twentieth Judicial District, Lake County. The court denied McCullugh's petition to vacate...

State v. Anderson - 6/1/1993
Rehearing Denied June 23, 1993. Submitted on Briefs December 17, 1992. Defendant Robert Duane Anderson was convicted in the Nineteenth Judicial District, Lincoln County, of Criminal Possession of Dangerous Drugs with Intent...

State v. Henning - 5/27/1993
Submitted on Briefs April 22, 1993. Gary Ernest Henning (Henning) appeals an order denying his Motion in Limine to suppress the results of a blood alcohol test. The order was entered on December 30, 1992, in the Fourth Judicial...

State v. Mccarthy - 4/16/1993
Submitted on Briefs October 22, 1992. This is an appeal from an order of the First Judicial District Court, Lewis and Clark County, denying appellant's motion to suppress evidence seized in a warrantless search. We affirm. ...

Dale v. Trade Street - 4/1/1993
Submitted on Briefs February 18, 1993. This is an appeal from the Worker's Compensation Court of a judgment concluding that the claimant, David Dale, was injured during the course and scope of his employment. We reverse. ...

State v. Klinkhammer - 2/3/1993
, 50 St.Rep. 92 Submitted on Briefs October 14, 1992. Defendant and appellant, Michael Klinkhammer, appeals from the decision of the District Court of the Fourth Judicial District, Missoula County. Defendant was charged...

State v. Larson - 12/15/1992
, 49 St.Rep. 1077 Submitted on Briefs October 8, 1992. This is an appeal from a judgment of the First Judicial District Court, Lewis and Clark County, convicting Larson of negligent endangerment in violation of Section...

State v. Courchene - 12/8/1992
, 49 St.Rep. 1035 Submitted on Briefs September 10, 1992. This is an appeal from a jury verdict and sentence in the Seventh Judicial District Court, Richland County, finding defendant guilty of felony theft and sentencing...

State v. Pierce - 11/24/1992
, 49 St.Rep. 992 Submitted on Briefs October 9, 1992. This is an appeal from the Tenth Judicial District, Judith Basin County, the Honorable Peter L. Rapkoch presiding. Appellants Charles Pierce (Pierce) and Whitney...

Maney v. State - 11/23/1992
, 49 St.Rep. 980 Submitted on Briefs August 20, 1992. Petitioner, Patrick F. Maney, appeals from the Twelfth Judicial District Court, Hill County, order denying reinstatement of his driver's license. We affirm. The...

Jess v. State Dept. of Justice - 11/12/1992
, 49 St.Rep. 951 Submitted on Briefs July 23, 1992. Appellant Daniel Lee Jess appeals from an order of the Thirteenth Judicial District Court, Stillwater County, denying his petition for reinstatement of his driver's...

State v. Ming - 4/13/1992
This is a contract case. We dismiss the case for lack of evidence. Case dismissed....

Marriage of Cogar - 3/24/1992
49 St.Rep. 247 Submitted on Briefs February 13, 1992. Pursuant to their decree of dissolution, Sharie Marie Cogar and Nickey Eugene Cogar were awarded joint custody of their two minor children with Mrs. Cogar as primary...

State v. West - 2/25/1992
49 St.Rep. 170 Submitted on briefs October 31, 1991. Defendant Arnold West was convicted of driving under the influence of alcohol by a jury trial in the Montana Sixteenth Judicial District Court, Rosebud County. Defendant...

State v. Yarns - 2/12/1992
49 St.Rep. 132 Submitted on briefs September 19, 1991. The appellant, State of Montana, appeals an order of the District Court of the Eighteenth Judicial District, Gallatin County, dismissing the State's appeal of a Justice...

State v. Nelson - 12/19/1991
48 St.Rep. 1129 Submitted on briefs November 8, 1991. Norman Ralph Nelson was convicted in Gallatin County Justice Court of driving a motor vehicle without proof of insurance and while under the influence of alcohol. In a...

State v. Decker - 11/25/1991
48 St.Rep. 1046 Submitted on briefs September 12, 1991. Defendant and appellant, Beth Decker, was convicted of driving under the influence in the Tenth Judicial District, Fergus County, Montana. Beth Decker appeals, and we...

Armstrong v. State - 11/14/1991
Submitted on briefs October 10, 1991. Bradley H. Armstrong appeals from an order of the District Court of the Eleventh Judicial District for Flathead County, Montana, denying him attorney's fees and costs. We affirm. The...

Anderson v. State - 9/24/1991
Rehearing Denied October 21, 1991. Submitted on briefs July 2, 1991. The appellant, Gerald Anderson, appeals from a judgment entered on a jury verdict rendered in the District Court of the Fourth Judicial District, Missoula...

State v. Broell - 6/24/1991
Submitted on briefs May 10, 1991. The appellant, Boyd Broell, was charged with criminal possession of dangerous drugs with intent to sell, under § 45-9-103, MCA, and criminal possession of dangerous drugs, under § 45-9-102, MCA....

State v. Milinovich - 5/30/1991
Submitted on briefs March 14, 1991. Defendant and appellant, Joseph William Milinovich (Milinovich), entered an Alford plea of guilty to the offense of accountability for deliberate homicide, a felony. He subsequently moved to...

City of Helena v. Hoy - 4/11/1991
Submitted on briefs March 7, 1991. Defendant and appellant, Dwight Hoy, appeals from his conviction in the First Judicial District Court, Lewis and Clark County, of driving under the influence of alcohol. We affirm. The...

Armstrong v. State - 11/1/1990
Submitted on Briefs August 23, 1990. Bradley H. Armstrong appeals from an order of the District Court of the Eleventh Judicial District, Flathead County, denying Armstrong's request that his right to drive be reinstated. We...

City of Helena v. Barrett - 10/3/1990
Submitted on Briefs August 23, 1990. The Defendant Robert Patrick Barrett appeals the judgment and order of the Montana First Judicial District Court, Lewis and Clark County, convicting him of the offense of driving under the...

State v. Belgarde - 9/18/1990
Submitted on Briefs August 23, 1990. This is an appeal from the District Court of the Twelfth Judicial District of the State of Montana, in and for the County of Hill. Defendant, Gilbert Belgarde, was found guilty by a jury of...

State v. Leverett - 9/18/1990
Rehearing Denied November 1, 1990. Submitted on Briefs May 24, 1990. Following trial in the Thirteenth Judicial District Court, Yellowstone County, a jury found appellant Clifford R. Leverett guilty of negligent homicide...

State v. Sunford - 9/7/1990
Submitted April 19, 1990. Defendant and appellant, Larry Joe Sunford, was found guilty by a jury empaneled in the Fourth Judicial District Court, Missoula County, of one count of driving while under the influence of alcohol, a...

Cecil v. Cardinal Drilling - 9/6/1990
Submitted on Briefs July 20, 1990. Plaintiff Donald Cecil (Cecil) appeals the order of the Montana Thirteenth Judicial District Court, Yellowstone County, granting summary judgment to the defendant, Cardinal Drilling Company...

State v. Speith - 9/4/1990
Submitted on Briefs July 13, 1990. Defendant Donald Leon Speith appeals the Eighteenth Judicial District Court's order dismissing his appeal from Bozeman City Court as untimely. We affirm. The following issues are presented...

Speldrich v. Mccormick - 6/7/1990
Lawrence E. Speldrich has filed in this cause a petition for writ of habeas corpus in which he states that he is seeking restoration of good time but is not appealing his sentence or conviction in this petition. Jack McCormick,...

State v. Voegele - 6/7/1990
Submitted on Briefs May 10, 1990. Walter John Voegele, Jr., appeals the judgment of the District Court for the Fourth Judicial District, Missoula County, revoking his suspended prison sentence. We reverse. The issue is...

Boland v. State - 5/2/1990
Rehearing Denied June 20, 1990 Submitted on Briefs February 2, 1990 The State of Montana appeals from Eighth Judicial District Judge John McCarvel's judgment which concluded that the officer who arrested Patrick Boland for...

City of Billings v. Whalen - 4/5/1990
Submitted on Briefs February 9, 1990 Plaintiff and appellant, the City of Billings, appeals from an order of the District Court of the Thirteenth Judicial District, Yellowstone County, which granted the motion to suppress all...

Marriage of Anderson - 12/20/1989
Submitted on Briefs October 25, 1989 This is an appeal from an order by the District Court, Seventh Judicial District, Dawson County, Montana, modifying a custody order. Roxy Anderson Denning appeals. We affirm The issues...

State v. Chasse - 12/20/1989
Submitted on Briefs November 21, 1989 Defendant Bruce James Chasse appeals his conviction and sentence in District Court, Missoula County, for Driving Under the Influence, Second Offense, contending that such conviction violates...

State v. Crane - 12/12/1989
Submitted on Briefs November 2, 1989 This is an appeal from the District Court of the Seventh Judicial District, Dawson County, Montana. The appellant, Thomas Leland Crane, was arrested on January 17, 1988, for violation of §...

City of Missoula v. Prinkki - 9/27/1989
Submitted September 7, 1989. This is an appeal from a judgment of the District Court of the Fourth Judicial District, Missoula County, finding defendant Richard D. Prinkki (Prinkki) guilty of two counts of driving while his...

State v. Tollefson - 9/21/1989
This matter is before the Court on the application of the State of Montana for a writ of supervisory control. The State seeks review of an order of the Justice Court, Missoula County. That court, in ruling upon defendant's motion in...

State v. Thompson - 5/17/1989
Rehearing Denied June 1, 1989 Submitted on Briefs March 31, 1989 This case comes to us on appeal from a jury verdict in the Thirteenth Judicial District, Stillwater County, the Honorable Diane G. Barz presiding, finding the...

Broers v. Montana Dept. of Rev. - 5/12/1989
Submitted March 30, 1989 The Department of Revenue denied renewal of appellant's all-beverages liquor license. Appellant challenges the sufficiency of the evidence and the constitutionality of the statutes upon which the renewal...

State v. Delap - 5/10/1989
Submitted on Briefs March 23, 1989 The State of Montana appeals the order of the Eighteenth Judicial District Court, Gallatin County, dismissing two charges against Kevin Delap (Delap). Delap was convicted in city Court in...

State v. Schwictenberg - 4/27/1989
Submitted on Briefs March 23, 1989 The State of Montana appeals the dismissal of a criminal proceeding against the defendant, Joel Schwictenberg, in the District Court for the Fourth Judicial District, Missoula County We reverse ...

Graham v. Montana State University - 12/30/1988
Submitted on Briefs November 17, 1988 Kimberly and Sharon Graham appeal from the order of the District Court of the Seventeenth Judicial District, Blaine County, granting summary judgment in favor of Montana State University...

State v. Clark - 10/7/1988
Submitted August 11, 1988 This is an appeal from the Eighteenth Judicial District Court, Gallatin County. Defendant/appellant, Ronald Allen Clark, was found guilty by the District Court, after a jury trial, of Driving Under the...

State v. Arthur - 9/15/1988
Submitted on Briefs August 4, 1988 William Jo Arthur, the defendant, was convicted of driving under the influence of alcohol in Gallatin County Justice Court. The District Court of the Eighteenth Judicial District, Gallatin...

State v. Thomas - 8/25/1988
Submitted on Briefs July 14, 1988 The State appeals the decision of the Sixteenth Judicial District Court contending that the lower court erred in construing the limits of its jurisdiction. We agree with the State and reverse ...

Phillips v. City of Billings - 8/11/1988
Submitted on Briefs June 16, 1988 This appeal from the Thirteenth Judicial District involves appellants Phillips' and Hake's (Phillips) claims against the City of Billings (Billings) for the alleged negligence of two city police...

Matter of Belue - 6/21/1988
OPINION AND ORDER The Commission on Practice of the Supreme Court of the State of Montana filed a complaint in this Court charging Clarence Thomas Belue with various violations of the Rules of Professional Ethics which apply to...

State v. Mckimmie - 6/7/1988
Submitted on Briefs April 28, 1988. Defendant McKimmie appeals his September 23, 1987, bench convictions in the Eighth Judicial District Court, Cascade County, for deliberate homicide, burglary, theft and evidence tampering....

State v. Sword - 12/15/1987
Submitted on Briefs August 27, 1987. The Eleventh Judicial District, Flathead County, dismissed charges against defendant on the basis of double jeopardy. The State appeals. We affirm. The issue is: Did the District...

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