An assault charge carries high fines and imprisonment penalties. According to Montana law, purposely causing another person bodily injury constitutes an assault. Other situations that may lead to this charge are negligently causing bodily injury with a weapon,...
Criminal Law
4 mistakes to avoid when charged with a DUI
Driving under the influence (DUI) of alcohol and other drugs is an offense in Montana. Anyone with a blood alcohol concentration of 0.08 or higher, 0.02 or more for drivers under 21 and 0.04 or higher for commercial drivers is legally intoxicated in the state. If your...
Was it really assault, or did you simply act in self-defense?
Not everyone who has been accused of assault is a hardened criminal. Some people who get arrested for assault in Montana are truly surprised to be charged with wrongdoing. While they don't deny that there may have been some kind of physical altercation, a defendant...
Can you defend your refusal to take the Breathalyzer test?
Not many experiences are as intimidating as being pulled over by the police. Add to this the suspicion that you might be driving under the influence of alcohol (DUI) and what begins as a regular traffic stop can turn out to be your worst nightmare. If you are stopped...
Potential reasons to challenge a DUI
You can be arrested on suspicion of impaired driving in a few different ways. One is if you fail a breath test, for example, while another is if you fail a field sobriety test. When the police believe that you are impaired and it hindered your ability to drive safely,...
Is it true that one DUI conviction will cost at least $10,000?
Have you ever seen those televised public service announcements indicating that a single DUI conviction typically costs about ten grand? Many believe this is an arbitrary figure meant to deter people from drinking and driving, but it has a factual basis. Getting...
What constitutes reasonable suspicion for a DUI traffic stop?
The last thing you want on your way home after a long day is for the police to pull you over on suspicion of driving while drunk. The penalties you may face if the traffic stop leads to a DUI conviction include fines, loss of driving privileges and a possible jail...
There is no per se limit for drugged driving charges in Montana
There are typically two different approaches for prosecutors to take when trying to convince the courts that someone committed an impaired driving offense. Sometimes, there is no chemical proof that someone violated state laws and the evidence will instead relate to...
How can Montana’s Good Samaritan overdose law protect you?
Montana certainly hasn’t been spared from the epidemic of opioid and other drug addiction that has swept the nation in recent decades. That’s why, in an effort to curb fatal overdoses, lawmakers have enacted a “Good Samaritan” law similar to those in many other...
Should you leave before defending yourself?
If you get involved in a physical altercation, you may claim that it was simply self-defense. The other person started the fight and you had no choice but to finish it. You didn’t want to put yourself in that position, but you reacted when the situation called for it....