City of Helena v. WHITTINGHILL

¶1 Joseph Whittinghill appeals from the orders of the District Court of the First Judicial District denying his motion to dismiss, denying his motion for an evidentiary hearing, and denying his motion to prepare a statement of unavailable evidence for purposes of appeal. We affirm.

¶2 Whittinghill was charged with DUI and speeding in Helena City Court after an accident in February, 2007. Prior to trial he successfully moved in limine to exclude evidence of a tow truck driver’s statement to police that Whittinghill was intoxicated. The prosecution’s only witness at the City Court trial was the…