State v. Smaage

Shawn Smaage was convicted of felony criminal endangerment in a bench trial in the First Judicial District Court, Lewis and Clark County. He appeals. We affirm.

The issue is whether Smaage was incorrectly charged under the criminal endangerment statute rather than under DUI statutes.

In the early morning hours of December 11,1994, a citizen reported to the Helena, Montana, city police that he had just observed a man who appeared very intoxicated get into an older white Buick and start “swerving down the road.” The citizen provided a vehicle description and license plate number.

Shortly…