City of Missoula v. Paffhausen

¶59 I believe the Court’s analysis is flawed in that it is contrary to the relevant statutes, the accompanying Criminal Law Commission Comments, the decisions of this Court, and the decisions of the state which is the source of our criminal code. I further believe that this decision will have the effect of subverting the Legislature’s clear intention that DUI is to be an absolute liability offense.

The Voluntary Act Statute, § 45-2-202, MCA, and Absolute Liability.

¶60 The Court matter-of-factly holds that a voluntary act is an element of every offense, citing § 45-2-202, MCA, and thereafter…