Archive | DUI per se

RSS feed for this section

State v. Hala

State v. Hala, 2015 MT 300 (Oct. 20, 2015) (Rice, J.) (5-0, aff’d)

Issue: (1) Whether a blood test drawn more than eight hours after the act of driving was taken within a reasonable time under the circumstances; and (2) whether the district court erred by holding certain evidence was admissible under the inevitable discovery rule when the state made that argument for the first time at the suppression hearing.

Short Answer: (1) Yes, and (2) the Court declines to reach this issue after affirming on the first issue.

Affirmed

Facts: Hala’s truck drifted off the road and crashed early one morning in November 2013. Because he was injured and could not call for assistance, the accident went unreported until about 5 am.…