State v. Akhmedli
Annotate this Case
The Supreme Court affirmed the order of the district court denying Appellant's motion to dismiss a complaint citing him with violating 49 C.F.R. 393.11, incorporated by Mont. Code Ann. 61-10-154, which required a red light to be affixed to protruding loads, holding that the district court did not err by denying Appellant's motion to dismiss for unlawful delegation of legislative authority.
After Appellant was convicted in justice court he appealed de novo to the district court, arguing that section 61-10-154, which authorizes the Montana Department of Transportation to adopt rules and regulations, and Mont. Code Ann. 61-9-512, which criminalizes violations of regulations adopted pursuant to section 61-10-154, constituted an unconstitutional delegation of legislative power to an administrative body. The district court denied the motion. The Supreme Court affirmed, holding that the legislature did not delegate the lawmaking function, as argued by Appellant.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.