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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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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