State v. Handy

The Yellowstone County District Court, sitting without a jury, found Roger Handy guilty under Section 61-8-401(l)(a), MCA, of driving a motor vehicle while under the influence of alcohol. Handy appeals raising one issue; i.e., whether the District Court erred in allowing the State to amend the charge to correct an inaccurate statutory reference to which appellant had objected prior to his conviction in the Justice Court. We affirm the conviction.

In November 1984, a Montana Highway Patrol officer arrested the appellant and issued two traffic citations to him. One citation, not at issue here,…