State v. Klinkhammer

Defendant and appellant, Michael Klihkhammer, appeals from the decision of the District Court of the Fourth Judicial District, Missoula County. Defendant was charged with driving under the influence of alcohol, second offense. Defendant’s motion to dismiss the charge was denied by the District Court. Following the court’s denial of his motion to dismiss, defendant entered a conditional plea of guilty to the charge. Defendant’s motion to dismiss the charge was based on his contention that his due process rights were violated in that he was not allowed to obtain an independent test to determine…