State v. Spang

¶1 Cleve Spang appeals from the judgment entered by the Thirteenth Judicial District Court, Yellowstone County, on his convictions of driving under the influence of alcohol (DUI) and being a habitual traffic offender. Specifically, he appeals from the court’s denial of his motion to dismiss for lack of a speedy trial. We affirm.

BACKGROUND

¶2 A Billings, Montana, police officer stopped Spang on suspicion of DUI in the early morning hours of March 17, 2002. Spang refused to provide a breath sample for a preliminary alcohol screening test. The State of Montana charged Spang with felony DUI…