State v. Fitzgerald

Curtis A. Fitzgerald was cited with driving under the influence of alcohol pursuant to § 61-8-401, MCA, on August 22, 1995. The Missoula County Justice Court denied both Fitzgerald’s motion to suppress evidence of his breathalyzer test result, and his motion to dismiss for lack of speedy trial. Fitzgerald pled guilty, reserving his right to appeal both rulings in District Court. Prior to trial in the District Court, Fitzgerald again moved to dismiss for lack of speedy trial, or in the alternative, to suppress the breathalyzer test result. The Fourth Judicial District Court, Missoula County,…