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.
The veteran stage, film and TV performer best known for playing Alice Kramden in the 1960s re-creation of "The Honeymooners" has died. Sheila MacRae was 92.
Sheila MacRae, a veteran stage, film and TV performer best known for playing Alice Kramden in the 1960s re-creation of "The Honeymooners," has died. She was 92.
Opening statements were set to begin Friday in the court-martial of an Army general accused of sexually assaulting a captain under his command with whom he had a three-year affair.
An Army captain at the center of a sexual assault case that has scandalized the U.S. military testified Friday that a general twice forced her to perform oral sex on him during their three-year, illicit affair.
Four gay couples from southern Indiana sued the state Friday, seeking to force Indiana to recognize same-sex marriages from out of state and issue licenses to same-sex couples.
Four gay couples from southern Indiana sued the state Friday, seeking to force Indiana to recognize same-sex marriages from out of state and issue licenses to same-sex couples.
Darren Sharper will return to court on Friday where his attorneys will argue that the former NFL All-Pro safety should be released from a Los Angeles jail.
A judge refused Friday to immediately release former NFL All-Pro safety Darren Sharper from jail in a Los Angeles rape case but said she would have to free him soon if charges aren't filed in a similar case in Louisiana.
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, March 6 2014 11:29 AM EST2014-03-06 16:29:28 GMT
We've heard a lot about the two people who died in a weekend crash south of Lolo, but three people survived that crash. They all sustained serious injuries. 9-year-old Meghan Okon, and 23-year-old
We've heard a lot about the two people who died in a weekend crash south of Lolo, but three people survived that crash. They all sustained serious injuries. 9-year-old Meghan Okon, and 23-year-old
Thursday, March 6 2014 8:11 PM EST2014-03-07 01:11:11 GMT
A 67-year-old Polson man is in critical condition at Kalispell Regional Medical Center after he was attacked with a hammer. When police got to Fourth Avenue East, they found two guys who had been
A 67-year-old Polson man is in critical condition at Kalispell Regional Medical Center after he was attacked with a hammer.
Wednesday, February 19 2014 11:46 PM EST2014-02-20 04:46:59 GMT
These are what Belgrade's uniforms usually look like. But last night they looked like this. Senior Madison Page had the idea of going back in time. Then they asked their Coach. "All of us kind of decided.
"Two years ago our seniors wore them as well and it just kind of something we wanted to do last year our senior didn't want to wear them because their last game on this court was senior night so but since we still have divisionals here we just wanted to throw it back, have a little fun with it,"
Monday, March 3 2014 11:51 AM EST2014-03-03 16:51:01 GMT
The survivors of the Mount Jumbo avalanche continue to recover. Retired UM professor Fred Allendorf is serious condition and his wife, Michel Jo Colville is in critical condition. The third survivor,
The survivors of the Mount Jumbo avalanche continue to recover.
Thursday, March 6 2014 12:31 PM EST2014-03-06 17:31:31 GMT
The Montana Red Cross has opened a shelter in Livingston for residents, who are evacuated from their homes due to flooding. Assistant Administrative Services Director for the city of Livingston, Breanna
The Montana Red Cross has opened a shelter in Livingston for residents, who are evacuated from their homes due to flooding.
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.
Thursday, March 6 2014 12:03 AM EST2014-03-06 05:03:34 GMT
Missoula City-County Health officials said about 300 students have been exposed to pertussis, or "whooping cough," after an outbreak at Missoula County Public Schools. Health officials have,
Missoula City-County Health officials said about 300 students have been exposed to pertussis, or "whooping cough," after an outbreak at Missoula County Public Schools.
