State v. D. Rasmussen

¶1 David Rasmussen was arrested in Missoula for driving under the influence of alcohol (DUI)- The State charged him with felony DUI because Rasmussen had four prior DUI convictions. Rasmussen moved to dismiss, arguing that two of his prior convictions were obtained in violation of his constitutional right to counsel. The District Court held a hearing on the motion at which Rasmussen testified as the only witness. After the hearing, the court denied Rasmussen’s motion to dismiss on the ground that he had not met his burden of rebutting the presumption of regularity that attached to the prior…