State v. Mooney

¶1 After protracted proceedings, the Thirteenth Judicial District Court, Yellowstone County, sentenced Clayton Mooney to a suspended six-month jail term (with the exception of seven days) for driving under the influence (DUI) in violation of § 61-8-401, MCA. Mooney now appeals.

¶2 We restate the issues as follows:

¶3 1. Did the District Court violate Mooney’s constitutional right to a speedy trial?

¶4 2. Did the State prove that Mooney drove the vehicle that crashed into Ruffs fence and that he drove it upon a public way?

BACKGROUND

¶5 On the evening of December 14, 2002, Darin Ruff answered the…