State v. William Cleary

¶1 On September 25, 2009, while driving his motorcycle in *143Yellowstone County, William Dennis Cleary struck a deer. Cleary was transported to the hospital, where a consensual blood alcohol content test revealed a BAC of .18. On March 26, 2010, the State of Montana filed an Information charging Cleary with felony Driving a Motor Vehicle Under the Influence of Alcohol or Drugs (DUI). The felony charges were based upon Cleary’s Montana driving record which reported three previous DUIs-two in Montana and one in South Dakota. Cleary moved to have the felony dismissed, arguing that he should not be…