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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Walker v. State - 12/3/1987
Submitted on Briefs September 17, 1987.
Appellant, the State of Montana, challenges the decision of the District Court of the Eighth Judicial District. We reverse and remand for proceedings consistent with this opinion.
On...
Meyer v. State - 11/20/1987
Submitted on Briefs August 20, 1987.
Petitioner Darryl George Meyer appeals his driver's license suspension pursuant to Montana's implied consent law, Section 61-8-402, MCA. We affirm.
On March 8, 1987 Montana Highway...
State v. Taylor - 11/5/1987
Submitted on Briefs August 27, 1987.
Kathryn Dianne Taylor, sometimes known as Naomi D. Schimetz, now in her mid-40's is a social failure. That would be a verdict of society, or of any doctor, banker, lawyer or judge reviewing...
State v. Hartford - 9/1/1987
OPINION AND ORDER
Wesley L. Hartford was convicted of driving under the influence of liquor in the Yellowstone County Justice Court. He attempted to appeal his conviction, but his notice of appeal to the District Court,...
State of Montana v. Peterson - 7/20/1987
Submitted on Briefs March 26, 1987.
Defendant was convicted of driving under the influence of alcohol by the District Court, Eighteenth Judicial District, Gallatin County. We reverse and dismiss the judgment of the District...
State v. Shaffer - 6/17/1987
Submitted on Briefs May 28, 1987.
Donald L. Shaffer, the defendant, appeals his conviction in Lincoln County District Court for driving under the influence of alcohol. The issue presented to this Court is whether the District...
State v. Province - 4/17/1987
Submitted on Briefs January 29, 1987.
The State appeals from an order from the Eighteenth Judicial District, Gallatin County, Montana, dismissing a DUI charge for failure of the State to give notice of appeal from justice court...
State v. Waymire - 4/16/1987
Rehearing Denied May 21, 1987.
Submitted on Briefs February 13, 1987.
This is an appeal from the District Court of the Thirteenth Judicial District, Yellowstone County, Montana. The court dismissed an appeal from the...
State v. Lamere - 4/7/1987
Submitted on Briefs November 25, 1986.
This is an appeal by the State of Montana from an order issued by the Twelfth Judicial District Court in and for Hill County granting defendant's motion to suppress evidence seized by the...
Blake v. State - 3/30/1987
Submitted on Briefs February 19, 1987.
The State appeals an order of the Beaverhead County District Court granting Blake's petition for a provisional or restricted driver's license based upon hardship factors. The issue on appeal...
State v. Mcdole - 3/23/1987
Submitted on Briefs December 4, 1986.
After a jury trial in the Nineteenth Judicial District, Lincoln County, appellant was convicted of driving under the influence of alcohol (DUI) and leaving the scene of an accident. We...
State v. Romero - 12/30/1986
Submitted October 21, 1986.
Defendant was convicted of criminal possession with intent to sell dangerous drugs, in a jury trial in Park County. We affirm.
The issues are:
1. Did the District Court err in denying the...
State v. George - 12/30/1986
Submitted on Briefs September 25, 1986.
This is the second time George's case has come before this Court. See State v. George (Mont. 1986), [219 Mont. 377,] 711 P.2d 1379, 43 St.Rep. 26. Briefly recounted, on December 9, 1984,...
Matter of Orman - 12/12/1986
Rehearing Denied February 19, 1987.
Submitted on Briefs October 30, 1986.
Craig Orman was arrested for driving under the influence of alcohol. At the time of his arrest he refused to submit to a breath test to determine the...
City of Billings v. Peete - 11/24/1986
Rehearing Denied January 13, 1987.
Submitted September 18, 1986.
Raymond K. Peete, defendant, was convicted in Billings City Court of violating Section 61-8-401(1)(a), MCA, driving while under the influence of alcohol. He...
State v. Ellinger - 10/2/1986
Submitted on Briefs July 17, 1986.
Ronald Ellinger appeals from a conviction of driving while under the influence of alcohol, following a bench trial in the Fourteenth Judicial District Court, Musselshell County, on January 30,...
State v. Johnson - 6/6/1986
Submitted on Briefs May 1, 1986.
Richard Duane Johnson (defendant) appeals the jury verdict and April 30, 1985 judgment of the fourth Judicial District Court, County of Missoula, finding defendant guilty of driving or being in...
State v. Handy - 6/4/1986
Submitted on Briefs February 13, 1986.
The Yellowstone County District Court, sitting without a jury, found Roger Handy guilty under Section 61-8-401(1)(a), MCA, of driving a motor vehicle while under the influence of alcohol....
Horton v. State - 4/30/1986
Submitted March 14, 1986.
The Department of Justice, Motor Vehicle Division (division) revoked for one year the driver's license of Gerald Lee Horton (petitioner). On appeal, the Yellowstone County District Court affirmed the...
Johnson v. Div. of Motor Vehicles - 12/31/1985
Submitted on Briefs September 19, 1985.
The State appeals a Ravalli County District Court order requiring the State to restore a driver's license seized under Montana's Implied Consent Law when the driver failed to submit to a...
City of Hamilton v. Hayden - 11/14/1985
Submitted on Briefs October 3, 1985.
Defendant Byron Hayden appeals his April 29, 1985, jury conviction in the District Court of the Fourth Judicial District, for driving under the influence of alcohol. We reverse the District...
State v. Lias - 9/26/1985
Submitted on Briefs June 13, 1985.
The appellant, Don Lias, was convicted in Justice Court on the charge of driving under the influence. He appealed to District Court, and a jury returned a verdict of guilty. He now appeals to...
State v. Christopherson - 8/30/1985
Submitted June 28, 1985.
Christopherson appealed the Department of Motor Vehicle's suspension of his driver's license to the Eighteenth Judicial District Court in Gallatin County on the basis that the license should not have been...
State v. Logan - 8/30/1985
Submitted June 28, 1985.
John Logan filed a petition in the District Court of the Eighteenth Judicial District to have his driver's license reinstated. He appeals from the District Court order denying his motion to reinstate his...
Bartel v. State - 8/27/1985
Submitted May 7, 1985.
Plaintiff Donna L. Bartel, as guardian and conservator of Bruce W. Bartel, an incapacitated person, brought this negligence action against the State of Montana. After a bench trial on the issue of...
State v. Pearson - 8/22/1985
Submitted June 17, 1985.
This is an appeal from a judgment of the District Court, Tenth Judicial District, Judith Basin County, declaring Clinton Charles Pearson guilty of criminal possession of dangerous drugs in violation of...
State Ex Rel. Fitzgerald v. Dist. Court - 7/23/1985
Submitted May 15, 1985.
We accept jurisdiction as petitioned for by Donna S. Fitzgerald, the relator, by way of supervisory control to the extent outlined in this opinion. A copy of this opinion, when served upon the District...
State v. Sharp - 7/8/1985
Submitted on Briefs May 3, 1985.
Defendant appeals from a judgment of conviction of violating section 61-8-406, MCA. We affirm.
The defendant initially appeared before the justice of the peace in Lincoln County, Montana, on...
Custody of Holm - 4/11/1985
Submitted on Briefs January 31, 1985.
On September 29, 1983, Robert Holm (Father) petitioned the District Court of the Eighth Judicial District, County of Cascade, to grant him custody of his daughter, Korrie Holm. A hearing was...
State v. Mcdonald - 4/2/1985
Submitted March 11, 1985.
Defendant appeals his conviction for driving under the influence, a violation of section 61-8-401, MCA, following a bench trial in the District Court of the Sixth Judicial District, Park County. Claiming...
State v. Armfield - 12/28/1984
Submitted October 9. 1984.
The City of Bozeman and State of Montana appeal from an order of the Gallatin County District Court granting suppression of the results of a breathalizer test. We reverse.
Timothy Armfield was...
State Ex Rel. Majerus v. Carter - 12/28/1984
Submitted October 29, 1984.
On October 18, 1983, pursuant to the Habitual Traffic Offender Act [hereinafter the Act], the Cascade County Attorney began a civil proceeding in the Eighth Judicial District, Cascade County, to have...
State v. Bruns - 11/20/1984
Submitted September 12, 1984.
Defendant Arlene M. Bruns was convicted in a non-jury trial in Missoula County District Court on three counts of driving under the influence (DUI) and one count of driving while her license was...
State v. Kern - 9/25/1984
Submitted on Briefs July 27, 1984.
Defendant pled guilty to sexual intercourse without consent and was sentenced to ten years imprisonment with the last five years suspended. After defendant had served his prison term, the...
Scofield v. Estate of Wood - 6/27/1984
Submitted on Briefs April 5, 1984.
The James J. Wood estate appeals a judgment awarded against it in the sum of $24,000 based on a jury verdict finding decedent 80 percent negligent and plaintiff Daniel J. Sanders 20 percent...
State v. Magnuson - 6/12/1984
Submitted March 2, 1984.
The State of Montana appeals from an order of the District Court, Fourteenth Judicial District, Musselshell County, dismissing a charge of operating a motor vehicle while under the influence of...
Matter of L.r.t. - 5/7/1984
Submitted on Briefs January 5, 1984.
The State of Montana appeals an order of the Hill County District Court dismissing the State's petition to declare four youths as delinquents. The dismissal was based on Section 41-5-516, MCA,...
State v. Purdie - 4/30/1984
Rehearing Denied May 30, 1984.
Submitted January 9, 1984.
Appellant, John Purdie, appeals from a judgment entered by a jury verdict, Eleventh Judicial District, Flathead County, conviction of driving under the influence,...
State v. Stafford - 3/5/1984
Submitted January 10, 1984.
Defendant Michael Joseph Stafford was charged with violating Section 61-7-103(1), M.C.A. — leaving the scene of an accident involving personal injuries. The case was tried before a jury in the...
State v. Sanders - 2/29/1984
Submitted December 2, 1983.
This case comes on appeal from a jury verdict rendered in the Thirteenth Judicial District, Yellowstone County, convicting the appellant of carrying a concealed weapon. For the reasons stated below we...
Derenberger v. Lutey - 11/17/1983
Submitted March 24, 1983.
Appellant Hurbert Lutey appeals a Deer Lodge County jury verdict awarding Raymond Derenberger, respondent, $110,000 in damages he suffered in an automobile accident. Respondent was riding as a passenger...
State v. Henricks - 11/10/1983
Submitted on Briefs August 18, 1983.
Petitioner Garry Henricks appeals an order of the District Court of the Second Judicial District of the State of Montana, County of Silver Bow, dismissing plaintiff's petition for...
Solberg v. County of Yellowstone - 3/1/1983
Submitted on Briefs September 9, 1982.
This is a wrongful death action on appeal from the District Court of the Thirteenth Judicial District in and for the County of Yellowstone. The jury found for the defendant, Yellowstone...
State v. Dinndorf - 2/3/1983
Submitted January 18, 1983.
Defendant appeals a sentence and judgment of the Eighteenth Judicial District entered July 28, 1982. Defendant was sentenced to ten years imprisonment for negligent homicide. Specifically, defendant...
State v. Kramp - 9/23/1982
Submitted May 14, 1982.
John M. Kramp appeals from a judgment of conviction of felony theft in the District Court, Fifth Judicial District, Beaverhead County. The conviction was based on a jury verdict. Kramp was sentenced to...
State v. Pierce - 7/7/1982
Submitted January 11, 1982.
On May 13, 1981, a jury for the Eighteenth Judicial District Court, Gallatin County, found Carl Pierce guilty of one count of aggravated assault, a felony, and one count of misdemeanor assault. Pierce...
Goodnough v. State - 7/1/1982
Submitted February 23, 1982.
This is an appeal of an action in negligence against the State of Montana, arising out of a car accident in which plaintiffs' car was struck by a passing vehicle while making a left turn. Plaintiffs...
State v. Morgan - 6/18/1982
Submitted February 22, 1982.
Defendant Karl Morgan appeals from a conviction of negligent homicide following a trial before a jury in the Eighteenth Judicial District, Gallatin County. He presents the following issues for...
State v. Cook - 6/10/1982
Submitted on Briefs April 15, 1982.
Kenneth E. Cook, Sr., appeals his conviction of negligent homicide following a jury trial in the District Court of the Seventh Judicial District, in and for the County of Dawson.
On...
City of Hardin v. Myers - 9/11/1981
Submitted on Briefs July 9, 1981.
Vicki Lynn Myers was charged with driving while intoxicated in Hardin, Montana, on September 6, 1980. At that time, she was given a notice to appear and complaint which stated the location of the...
State v. Rumley - 8/27/1981
Rehearing Denied October 15, 1981.
Submitted on Briefs May 28, 1981.
The defendant, Owen Asa Rumley, Jr., was charged on June 7, 1979, with negligent homicide under § 45-5-104, MCA, by an information filed in Flathead...
City of Billings v. Weatherwax - 7/2/1981
Submitted on Briefs April 22, 1981.
Weatherwax appeals a Yellowstone County District Court conviction for driving under the influence of alcohol pursuant to a City of Billings traffic ordinance.
Douglas Weatherwax was cited...
State v. Justice Court of Deer Lodge - 4/9/1981
Submitted on Briefs February 25, 1981.
Plaintiff Daniel Morse appeals from the judgment of the Third Judicial District Court, Deer Lodge County, quashing a writ of prohibition issued to stay Justice Court proceedings pending...
State Ex Rel. Ward v. Schmall - 9/30/1980
Submitted September 8, 1980.
This is an appeal from a final civil judgment of the Gallatin County District Court.
This case originated as a criminal cause in the Justice of the Peace Court of Norma Schmall. Relator, Robin...
Kuchan v. Harvey - 10/31/1978
Submitted October 19, 1978.
Defendant appeals from a judgment entered on a jury verdict in the Silver Bow County District Court awarding plaintiff damages of $40,020 for personal injuries.
Plaintiff was injured when he was...
State v. Kirkaldie - 10/30/1978
Submitted September 12, 1978.
Defendant appeals from his conviction of negligent homicide following a jury trial in the District Court of Missoula County.
Defendant is James Douglas Kirkaldie, the driver of a 1972 Buick...
State v. Tiedemann - 9/18/1978
Submitted on Briefs May 9, 1978.
Defendant Brian Tiedemann was charged with three offenses — aggravated assault, felony criminal mischief, and driving while intoxicated — following a high-speed chase on April 11, 1976, which...
State v. Nelson - 9/7/1978
Submitted on Briefs August 3, 1978.
Defendant Raymond Nelson appeals from final judgment and conviction for driving while intoxicated rendered August 31, 1977, following a jury trial in the District Court of the Third Judicial...
State v. Gafford - 5/3/1977
Submitted January 19, 1977.
Defendant was charged with two counts of sexual intercourse without consent causing bodily injury. Following a jury trial in district court, Lake County, defendant was convicted of both counts. Judge...
Lindgren v. Board of Trustees - 12/22/1976
Submitted October 20, 1976.
This is an appeal from a judgment of the district court, Lewis and Clark County. The judgment affirmed a decision of the Superintendent of Public Instruction, upholding the decision of the County...
State v. Stoddard - 4/1/1966
Rehearing denied April 21, 1966.
Submitted March 8, 1966.
This is an appeal from a judgment of conviction for the crime of manslaughter entered against defendant, Charles Stoddard, by the District Court of the Thirteenth...
State v. Cline - 3/27/1959
Rehearing Denied June 10, 1959.
Submitted January 7, 1959.
AUTOMOBILES — CRIMINAL LAW — INTOXICATING LIQUORS — STATUTES. 1. Automobiles — Evidence sustained conviction. Evidence sustained conviction of driving an...
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