City of Whitefish v. Pinson

Carol Pinson (Pinson) appeals from the Order of Judgment and Sentence convicting her of a violation of § 61-8-401, MCA, entered by the Eleventh Judicial District Court, Flathead County. We reverse, holding that the District Court erred in denying Pinson’s motion to dismiss the charge.

The specific issue before us is whether Pinson’s due process rights were violated by the failure of the City of Whitefish to comply with a request for an independent blood test.

In the early morning hours of December 10, 1992, Officer Geno Cook (Cook) of the City of Whitefish Police Department (City) initiated a…