State v. Thibert

¶1 The State of Montana (State) appeals from the order of the Fourth Judicial District Court, Missoula County, reducing the charge against Roger M. Thibert (Thibert) from driving under the influence of alcohol (DUI), sixth offense, a felony, to DUI, first offense, a misdemeanor. We reverse and remand for further proceedings.

¶2 The issue on appeal is whether the District Court erred in concluding that all of Thibert’s prior DUI convictions had been expunged from his record pursuant to the pre-1989 version of § 61-8-714, MCA, and, on that basis, in reducing the charge against him to misdemeanor…