State v. Schwein

¶1 Michael Schwein (Schwein) appeals from a jury verdict in the Thirteenth Judicial District Court, Yellowstone County, finding him guilty of driving under the influence of alcohol. We affirm the judgment of the District Court.

¶2 The following issues are raised on appeal:

¶3 1. Did the District Court err in denying Schwein’s motion to dismiss the DUI charge on the grounds that the State failed to prove that Schwein’s vehicle was upon a way open to the public?

¶4 2. Did the District Court err in denying Schwein’s motion for a mistrial on the grounds that the District Court had informed the jury…