State v. Schulke

¶1 On March 28, 2003, law enforcement cited Thomas W. Schulke (Schulke) for operating a vehicle while under the influence of alcohol (DUI) in violation of § 61-8-401, MCA, and possession of alcohol while under the age of 21 in violation of § 45-5-624, MCA. Schulke filed a motion to suppress and dismiss. The Justice Court denied this motion and Schulke pled guilty pursuant to a conditional plea agreement as authorized by § 46-12-204(3), MCA. The Justice Court sentenced Schulke pursuant to the plea agreement. Schulke appealed the denial of his suppression motion to the District Court. The…