A district judge in Libby rules against Montana's 24/7 sobriety program for drunken driving suspects, calling it unconstitutional. The state has already appealed the ruling to the Montana Supreme Court.
In his February 5 ruling, District Judge James Wheelis says the program's sobriety testing fees are an unconstitutional punishment for defendants before they are tried.
The legislature passed the law in 2011 to crack down on drunk driving. Under the law, anyone arrested for drunken driving two or more times can be ordered to take part in the program. It requires the driver to take, and pay for, frequent breath tests before their trial.
Wheelis threw out the law based on a challenge by Robert Spady, who was arrested for drunken driving and careless driving in Lincoln County. Spady took part in the 24/7 program for 113 days and paid $452 in fees. The order shows he was arrested each time and charged with contempt of court.
We will have more information, and reaction from Governor Bullock, on the ABC MONTANA NEWS at 5:30, and the FOX MONTANA NEWS AT 9.
A very strong earthquake rattled the Northern California coast and was widely felt across the region, but authorities said early Monday that there were no reports of any injuries or damages.
A very strong earthquake that struck offshore rattled the Northern California coast and was widely felt across the region, but authorities said early Monday that there were no reports of any injuries or damage.
The Supreme Court has rejected an appeal from a Pennsylvania school district that wants to prevent students from wearing "I (heart) Boobies!" bracelets to promote breast cancer awareness among young people.
The Supreme Court has rejected an appeal from a Pennsylvania school district that wants to prevent students from wearing "I (heart) Boobies!" bracelets to promote breast cancer awareness among young people.
The father of Connecticut school shooter Adam Lanza says in his first public comments about the massacre that what his son did couldn't "get any more evil" and he wishes his son hadn't been born.
In his first public comments about the 2012 Connecticut school massacre, the father of gunman Adam Lanza said what his son did couldn't "get any more evil" and he now wishes his son had never been born.
Thursday, March 6 2014 11:20 AM EST2014-03-06 16:20:49 GMT
Montana is the now the thinnest state in the United States. The new Gallup Well-Being Index said residents in people are now deemed thin because of what we eat and do. And many people said they think it
Montana is the now the thinnest state in the United States.
Friday, March 7 2014 8:15 PM EST2014-03-08 01:15:05 GMT
The Montanan Veteran's Home in Columbia Falls is gearing up for a wedding this weekend for the granddaughter of a pretty well known resident. Chuck Rhodes joined the National Guard when he was 17. He stayed
The Montanan Veteran's Home in Columbia Falls is gearing up for a wedding this weekend for the granddaughter of a pretty well known resident.
Tuesday, March 4 2014 12:06 AM EST2014-03-04 05:06:35 GMT
One of the three victims rescued after an urban avalanche in Missoula passed away, as her husband recovers in the hospital. Family friends said the couple has a lot of support and friends throughout
One of the three victims rescued after an urban avalanche in Missoula passed away, as her husband recovers in the hospital.
Thursday, February 27 2014 11:38 PM EST2014-02-28 04:38:50 GMT
Senior Caleb Weidenaar plays guard for Bozeman High. His little brother Aaron, whose several inches taller than him, plays forward. Aaron enjoys being on the same team as his big brother. It's the
Senior Caleb Weidenaar plays guard for Bozeman High. His little brother Aaron, whose several inches taller than him, plays forward. Aaron enjoys being on the same team as his big brother.
Thursday, March 6 2014 10:03 PM EST2014-03-07 03:03:33 GMT
It's been six days since an urban avalanche swept down a ravine on Mt. Jumbo, destroying homes, and eventually taking the life of Missoula resident, Michel Colville. The avalanche swept Michel Colville
It's been six days since an urban avalanche swept down a ravine on Mt. Jumbo, destroying homes, and eventually taking the life of Missoula resident, Michel Colville. The avalanche swept Michel Colville
Friday, May 3 2013 5:36 PM EDT2013-05-03 21:36:05 GMT
As the prep basketball season has come to a close it's time for me to hand out a few awards to some of the athletes who stood out to me throughout the year. Given that I am in the TV business I do not
Shaun Rainey takes a look at the past Prep Basketball season.
Monday, February 17 2014 11:20 PM EST2014-02-18 04:20:38 GMT
Almost 3000 children in Montana are in foster care every year because they were abused, neglected or went through other serious difficulties with their families. That is putting a strain on the resources
Almost 3000 children in Montana are in foster care every year because they were abused, neglected or went through other serious difficulties with their families.
Friday, February 21 2014 10:21 PM EST2014-02-22 03:21:33 GMT
We get a look into the past of the Kalispell man who was found dead under the ice of the Missouri River at the Black Eagle Dam in Great Falls. Graham Macker was listed as a walk-a-way from the Great Falls
We get a look into the past of the Kalispell man who was found dead under the ice of the Missouri River at the Black Eagle Dam in Great Falls.
