Legal Opinion

State v. Luchau

Montana Supreme Court

Decided December 29, 1999No. 99-345PublishedCited by 7 opinions

1Opinion of the CourtJustice Leaphart

¶ 1 Appellant Ryan Luchau (Luchau) was charged with violation of § 61-8-410, MCA, for operating a motor vehicle while having an alcohol concentration of .02 or more. Analysis of his breath indicated a concentration of .088. Luchau was 20 years old at the time.

¶2 Luchau was found guilty in Missoula County Justice of the Peace Court and subsequently appealed to the District Court, where he contended that § 61-8-410, MCA, was unconstitutional. The District Court rejected his constitutional arguments and he entered a conditional plea of guilty reserving the right to appeal. We affirm the judgment…

2Cases cited7 opinions

  1. Sandstrom v. MontanaSupreme Court of the United States · 1979
  2. McMillan v. PennsylvaniaSupreme Court of the United States · 1986
  3. Montana v. EgelhoffSupreme Court of the United States · 1996
  4. State v. KrantzMontana Supreme Court · 1990
  5. Nason v. LeistikoMontana Supreme Court · 1998

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. State v. PriceMontana Supreme Court · 2002
  2. State v. ElliottMontana Supreme Court · 2002
  3. State v. PriceMontana Supreme Court · 2002
  4. Mason v. StateMississippi Supreme Court · 2000
  5. Jolly v. StateCourt of Criminal Appeals of Alabama · 2002

2 more not listed; retrieve them via the Exa API.

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