State v. Sol

Kim Michael Sol appeals from two orders of the Fourth Judicial District Court, Missoula County, denying his motions to dismiss a charge of driving under the influence of alcohol and/or drugs. We affirm.

The issues are:

1. Did the District Court err when it refused to grant Sol’s motion to dismiss because the Justice Court clerk transmitted the record of the case to the District Court thirty-one days after Sol filed his notice of appeal, instead of within thirty days as required by § 46-17-311(3), MCA?

2. Did the District Court err when it refused to grant Sol’s motion to dismiss based on the…