State v. Swanson

Swanson appeals from an order of the Fergus County District Court denying his motion to dismiss and finding him guilty of driving under the influence of alcohol.

We reverse and remand.

Swanson raises the following issues on appeal:

1. Whether he was denied due process by being deprived of a reasonable opportunity to gather exculpatory evidence, and

2. Whether the District Court erred in denying his motion to dismiss and granting the State’s motion to strike Swanson’s motion?

On January 9, 1985, at 1:30 a.m., Swanson was stopped by Officer *359McCoy of the Lewistown Police Department. Swanson was taken…