State v. Henry

Steven J. Henry (Henry) appeals from a jury verdict in the Twenty-First Judicial District Court, Ravalli County, finding him guilty of driving or being in actual physical control of a vehicle while under the influence of alcohol or drugs pursuant to § 61-8-401, MCA, and from that portion of the District Court’s judgment requiring him to pay legal fees incurred by the Town of Darby. We affirm in part, reverse in part, and remand.

On August 25, 1993, Darby police officer Larry Rose (Rose) received two calls from the Ravalli County Sheriff’s Department reporting that Henry had been observed…