Drug Offenses:
- Illegal Searches and Seizures
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- Search and seizure violations are common in drug cases. One of the first things we examine is whether law enforcement illegally stopped or searched you and your property. We have secured numerous dismissals by successfully challenging unlawful searches.
- Deferred Sentences
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- Even if your case is not dismissible, Montana law presumes a deferred imposition of sentence for first-time drug possession convictions. If you meet all conditions – such as probation and treatment – the charge can eventually be dismissed. We often advise clients to proactively obtain a chemical dependency evaluation and begin treatment, which can significantly improve your chances of avoiding a permanent felony conviction.
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- Britt was one of the first defense attorneys for Lake County’s Drug and Treatment Court and has worked with the program since its inception. His experience with treatment programs and therapeutic approaches is a key asset in defending clients facing drug charges.
Also, the License Suspensions tab (and the DUIS tab to the right of the Contact Us link) should be replaced under the Areas of Practice tab, as follows:
DUIs and License Suspensions
- DUIs
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- A first DUI conviction in Montana carries a mandatory minimum of 24 hours in jail, a $685 fine, completion of ACT (Assessment, Course, and Treatment), and a six-month driver’s license suspension. You may be eligible for a probationary license during this suspension. Penalties – including jail time, fines, treatment requirements, and license suspension – become more severe with each subsequent DUI conviction. A DUI conviction also results in 10 points on your driving record; accumulating 30 points within three years designates you as a habitual traffic offender.
- License Suspensions
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- If you refuse a breath or blood test during a DUI investigation, your driver’s license will immediately be suspended for six months – with no eligibility for a probationary license. You can challenge this suspension by filing a lawsuit in district court within 30 days of the refusal. Grounds for challenge include: lack of particularized suspicion to stop your vehicle, insufficient probable cause to request the test, or a claim that you did not actually refuse testing. You may also request temporary reinstatement of your license pending a court hearing on the merits.