State v. Peterson

Appellant Elwyn Lawrence Peterson appeals the judgment of the Thirteenth Judicial District, Carbon County, finding him guilty of driving or being in actual physical control of a vehicle upon the ways of this state open to the public, in violation of § 61-8-401(l)(a), MCA.

Peterson was arrested on September 5, 1986, near Silesia, Montana. Shortly after 7:00 a.m. that morning, a motorist stopped at the weigh station located on 1-90 between Billings and the exit to Silesia. The motorist notified GVW Officer Rudy Gerke that there was “a drunk in an old brown Dodge right behind him.” Officer Gerke…