The Montana legislature has passed numerous DUI laws in 2011. We believe many of them are unconstitutional.
One of the laws they passed was a requirement that if you blow a .16 or higher, it is the 2nd offense, and other nuances placed in the law, that you must present for breath testing twice a day every day pending trial. We believe this to be completely unconstitutional and have already filed motions and briefs attacking this invasive practice.
The Montana legislature passed numerous DUI laws in 2011. We believe many of them are unconstitutional.
All drivers need to be aware that there is a new law in Montana called Aggravated DUI. One of its provisions is that you must attend an intensive treatment program through the court if you blow a .16 or higher breath. We believe it is unconstitutional to require treatment for someone who is not chemically dependent. This can only work if the person is 1st determined to be chemically dependent and in the need of such intensive treatment.
On November 30, 2011 the Montana Supreme Court agreed that it is unconstitutional to allow counsel to withdraw just before trial and hold a trial without the defendant’s presence. The client was charged with a felony for three prior DUI’s more than 15 years old. One of the prior convictions involved this situation, namely his attorney was allowed to withdraw when he was not at the trial and then tried him without counsel or his presence. As a result of this decision his felony charge will be reduced to a first offense DUI.
We are currently challenging the admissibility of Horizontal Gaze Nystagmus in trials for DUI. (Driving Under the Influence). Some of the leading experts question its use and reliability in trying to determine impairment.