State v. HodgeAnnotate this Case
On May 4, 2010, Defendant was arrested and cited with driving under the influence of alcohol (DUI), driving while license suspended, and traveling the wrong way on a one-way street. On September 18, 2012, Defendant filed a motion to dismiss for lack of a speedy trial. The justice court denied Defendant’s motion, concluding that the six-month limit of Mont. Code Ann. 46-13-401(2) had not been violated because most of the delay was attributable to Defendant. After a trial at which Defendant failed to appear, the justice court found Defendant guilty of DUI per se and driving the wrong direction on a one-way street. Defendant appealed, challenging the denial of his motion to dismiss. The district court affirmed, concluding that Defendant had disengaged from the process, and therefore, Defendant’s right to a speedy trial had not been violated. The Supreme Court affirmed, holding that the district court correctly refused to reverse the justice court’s decision, as Defendant’s right to a speedy trial was not violated.