Montana DUI reasonable suspicion opinion
In a new case issued on 4/2/09 by the Montana Supreme Court, reasonable suspicion to stop for a DUI is reviewed and the case is affirmed.
The District Court’s decision to deny a motion to dismiss in a criminal case presents a question of law that we review de novo. We conduct plenary review to determine whether a district court’s conclusion is correct. State v. Howard, 2008 MT 173, ¶ 8, 343 Mont. 378, 184 P.3d 344. We review a district court’s denial of a criminal defendant’s motion to suppress evidence to determine whether the district court’s findings of fact are clearly erroneous and whether the district court’s interpretation and application of the law is correct.
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