Day: July 1, 2015

It seems as though every day, there is a new item in the newspaper describing the sad fate of a distracted driver or the unfortunate motorist with whom he or she shared the road. Indeed, in today’s day and age, where smart phones are never far from our hands, distracted driving seems like an even greater danger than ever before. That is why April is Distracted Driving Month. This April, the AAA Foundation for Traffic Safety released a report that outlined some of the distracting behavior that puts drivers — and innocent motorists — at risk. Teenagers factored heavily into the reporting. According to the report, drugs and alcohol are

Marijuana possession is fairly common in Montana, as it is in any other state. But despite the substance’s growing acceptance in some areas of the United States, it still remains firmly illegal in our region. That illegal status comes with a number of very serious consequences for those who are facing charges for marijuana possession, sale or trafficking. In Montana, marijuana charges can be split into three categories: possession, sale and manufacturing. • Possession: If you were found in possession of 60 grams of marijuana or less, you can be charged with a misdemeanor. Upon conviction, you will face a fine of between $100 and $500 and imprisonment of up

When police make multiple arrests, it can sometimes be difficult to determine each person’s level of involvement in the alleged crime. Officers, perhaps choosing to cast a wide net, may arrest those who were uninvolved in the misdeeds and simply in the wrong place at the wrong time. There is a natural tendency to tar everyone involved in a crime with the same brush – it is the defense attorney’s role to work against this idea and present mitigating factors to the court. A large group of arrests was recently conducted in Bozeman, when nine MSU students were arrested on a variety of charges relating to drug distribution. According to

When an innocent motorist is struck by a drunk driver, who does he have a right to sue? The answer may not be as simple as you may imagine. The drunk driver, of course, can be targeted with a personal injury lawsuit. But depending on the circumstances, the victim may be able to seek compensation from additional parties. One party that could be liable in a drunk driving accident is the establishment that served alcohol to the drunk driver. According to a set of statues known as “dram shop laws,” when an establishment that serves alcohol (known as a “dram shop”) overserves a patron, the establishment becomes partially liable for

It is a common misconception that white-collar crimes, such as embezzlement or fraud, are less serious than other offenses. While white-collar crimes may call for shorter prison sentences than assault or burglary, the consequences for the convicted person’s personal and professional life can be just as severe. A Montana man now faces two years in prison after he pleaded guilty to wire fraud and money laundering charges. The man was accused of conducting a “phone cramming” operation, which is the practice of selling phone-related services to customers, often without their knowledge. Charges for these services appear on the customer’s monthly phone bill. In this case, the man was accused of

Here in America, employees enjoy a wide range of rights. Employees have the right to safe working conditions, and they have the right to report unsafe working conditions without fear of reprisal. Employees also have the right to be free from harassment or discrimination in the workplace. This last issue, discrimination, is an important one. There are many forms of discrimination – racial, gender-based, age, sexual orientation – and all are illegal. Recently, the U.S. Supreme Court ruled on the issue of another type of discrimination: pregnancy discrimination. Pregnant women face a number of physical limitations in the workplace, as certain types of exertion is either unhealthy or impossible. Employers

When one accused of driving under the influence of drugs or alcohol enters a guilty plea, the court sets the case for trial. The trial must be held six months or less from the day the plea is entered unless the defendant causes the delay or there is good cause for the delay. At trial, the State must prove all of the elements of the DUI charge beyond a reasonable doubt. What the State must prove depends upon whether the charge is for DUI or for a “per se” violation. For DUI, the State must show that the driver was 1) operating or in actual physical control of a motor

When a Montana police officer believes a driver may be under the influence of drugs or alcohol, the officer may administer preliminary screening tests. These tests include field sobriety tests and preliminary breath tests. They are designed to help an officer determine whether a driver is operating a motor vehicle under the influence of drugs or alcohol and therefore should be arrested. Field sobriety tests typically include the walk-and-turn test, the one-leg stand test, and the horizontal gaze nystagmus test. The National Highway Traffic and Safety Administration provides training to police officers to teach them how to administer these tests properly. The walk-and-turn test requires a driver to take several

One term that is often heard when someone is charged with DUI is “implied consent.” This may sound intimidating and legalistic, but it is actually easy to understand. The Montana Legislature passed a law that requires Montana drivers to give breath or blood samples if they are lawfully arrested for driving under the influence. The consent is called “implied” because it is compulsory, by law, for everyone who drives a motor vehicle in Montana. The breath and blood tests are designed to measure the amount of drugs or alcohol in the driver’s body. The arresting officer chooses whether to administer a breath or a blood test, and the driver has

The cornerstone of a valid plea to a Montana driving under the influence charge is that it is voluntary and intelligent. To ensure that this is the case, one charged with DUI is told at arraignment of the charges against him or her and the potential penalties for those alleged crimes. Once a defendant understands the charge against him and the potential penalties, he or she may enter a plea of not guilty, guilty, or nolo contendere. You may choose to enter a plea of not guilty, which will require the State to prove that you committed the offense. Additionally, if you refuse to plead, the court will enter a