City of Missoula v. Paffhausen

¶1 Leigh Paffhausen appeals an opinion and order of the District Court for the Fourth Judicial District, Missoula County, affirming a Municipal Court order that excluded Paffhausen’s involuntary intoxication defense. We reverse and remand for further proceedings consistent with this Opinion.

¶2 Paffhausen raises two issues on appeal which we have restated as follows:

¶3 1. Whether the lower court erred by failing to apply the voluntary act element of Montana’s DUI statute.

¶4 2. Whether the lower court erred by excluding Missoula Police Officers from testifying as to their personal knowledge,…