City of Great Falls v. Morris

¶1 Following jury convictions in Great Falls Municipal Court on charges of misdemeanor driving under the influence (DUI) and careless driving, Gayle Abraham Morris filed an appeal in the Eighth Judicial District Court, Cascade County. The District Court affirmed the Municipal Court, and Morris filed an appeal with this Court.

¶2 We restate the issues as follows:

¶3 1. Does the statutory provision that a jury may infer from the refusal to take a sobriety test that the defendant was under the influence of drugs or alcohol unconstitutionally place the burden of proof on the defendant?

¶4 2. Did the…