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State v. Duong

State v. Duong, 2015 MT 70 (March 3, 2015) (McGrath, C.J.) (5-0, aff’d & rev’d)

Issue: (1) Whether the officer had particularized suspicion to stop Duong’s vehicle; (2) whether the district court erred in ordering Duong to pay for the costs of his interpreter; and (3) whether the district court erred in imposing a 10% administration fee on Duong.

Short Answer: (1) Yes; (2) yes; and (3) yes.

Affirmed (1), reversed (2 & 3), and remanded for revision of the sentence 

Facts: Trooper Muri was patrolling on I-94 near Glendive one night with DEA Agent Smith in the car with him. The patrol car was stationary along the road when Duong drove past. The officer pulled onto the road and traveled at high speed before reaching Duong’s vehicle, which he followed for about two miles.…