State v. Otto

¶1 Duane Alan Otto pled guilty to a first offense violation of § 61-8-401, MCA, driving under the influence of alcohol (“DUI”). The plea was made pursuant to § 46-12-204(3), MCA, allowing Otto to appeal the District Court’s denial of both his Motion to Dismiss and his Motion to Suppress. We affirm.

ISSUES

¶2 1. Did the District Court err when it denied Otto’s pre-trial Motion to Dismiss on the grounds that the arresting officer did not have particularized suspicion to execute a traffic stop?

¶3 2. Did the District Court err when it denied Otto’s pre-trial motion to suppress his breathalyzer…