Paralegal Mark Anthony Given has spent four years hand collecting every winning criminal case in the history of the Montana Supreme Court. A Montana Criminal Defense Attorney can find here in 15 minutes what would take days or even weeks to locate. This is a sample of the over 1,000 available winning cases, the rest will be available soon via pay site.

Wednesday, October 29, 2008

Insufficent evidence, liability insurance, Driving with no proof of insurance

DA 07-0204
IN THE SUPREME COURT OF THE STATE OF MONTANA
2008 MT 354
STATE OF MONTANA, v. ROBERT G. FARMER
The sole issue on appeal is whether the District Court erred in denying Farmer’s motion to dismiss for insufficient evidence § 61-6-301, MCA,
We conclude the State failed to present sufficient evidence to prove beyond a reasonable doubt that Farmer did not have valid liability insurance for his vehicle at the time of the traffic stop. Consequently, we further conclude the State failed to prove Farmer violated § 61-6-301, MCA. We hold, therefore, that the District Court erred in denying Farmer’s motion to dismiss for insufficient evidence.
¶16 Reversed and remanded to the District Court with instructions to vacate the judgment and dismiss the charge.

No comments: