State v. Litschauer

¶1 This decision arises out of a charge in Belgrade City Court of driving under the influence of alcohol. The City Court granted Sheila Litschauer’s motion to suppress evidence, and the State appealed. Litschauer pled guilty in the Eighteenth Judicial District Court to operating a non-commercial motor vehicle with a blood alcohol level greater than .08, third offense, a misdemeanor, in violation of § 61-8-406, MCA. Prior to entering her guilty plea, Litschauer moved to suppress all evidence flowing from the stop by the arresting officer, but the District Court denied her motion. Litschauer…