Montana Supreme Court addresses 'Date Rape' drugs in DUI cases

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In a decision handed down on November 20, 2012, the Montana Supreme Court held, in a case of first impression in Montana, that "automatism" (being in an unconscious or semi-conscious state and therefore unable to voluntarily control one's actions) is an available defense to a DUI charge in Montana; that while the defendant is entitled to this defense it must be plead affirmatively; and according, the defendant must give written notice to the prosecution that this defense will be used prior to the hearing.In a decision handed down on November 20, 2012, the Montana Supreme Court held, in a case of first impression in Montana, that "automatism" (being in an unconscious or semi-conscious state and therefore unable to voluntarily control one's actions) is an available defense to a DUI charge in Montana; that while the defendant is entitled to this defense it must be plead affirmatively; and according, the defendant must give written notice to the prosecution that this defense will be used prior to the hearing.

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