Legal Opinion

State v. Polaski

Montana Supreme Court

Decided January 27, 2005No. 03-365PublishedCited by 11 opinions

1Opinion of the CourtJustice Cotter

¶1 John Polaski (Polaski), appearing pro se, challenges his fifth conviction for driving while intoxicated (hereinafter DUI). We affirm.

ISSUE

¶2 Polaski raises numerous issues but the dispositive issue is whether the District Court erred in its determination that the instant conviction constitutes a fifth DUI felony conviction.

FACTUAL AND PROCEDURAL BACKGROUND

¶3 On January 9, 2002, Polaski was arrested and incarcerated for three motor vehicle-related misdemeanors and felony Operating a Motor Vehicle With an Alcohol Concentration Over .10, Fifth Offense. He was subsequently charged by…

2Cases cited6 opinions

  1. People v. CantyCalifornia Supreme Court · 2004
  2. State v. McNallyMontana Supreme Court · 2002
  3. State v. S.T.M.Montana Supreme Court · 2003
  4. State v. BakerMontana Supreme Court · 2004
  5. People v. EnriquezCalifornia Court of Appeal · 1996

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. State v. DittonMontana Supreme Court · 2006
  2. State v. SchmollIdaho Court of Appeals · 2007
  3. State v. CalvertMontana Supreme Court · 2013
  4. State v. P. OlsonMontana Supreme Court · 2017
  5. State v. LynchMontana Supreme Court · 2005

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API