State v. Hafner
2010 MT 233
| Mont. | 2010Background
- Hafner was arrested for DUI after his vehicle ditched on Highway 12; officer detected strong odor of alcohol, glassy eyes, slurred speech, balance issues.
- Hafner was taken to a processing room, refused field sobriety tests and breath samples.
- District Court denied Hafner’s suppression motion, ruling there was sufficient probable cause for arrest.
- Hafner pled guilty to DUI and entered a plea agreement that waived credit toward a $1,000 fine for pretrial detention time.
- The court later sentenced Hafner to 13 months in WATCh, followed by four years suspended; it credited Hafner for 137 days pretrial detention but not toward the fine; Hafner appealed.
- Supreme Court of Montana affirmed the district court’s rulings on suppression and the credit toward the fine.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the district court err in denying suppression? | Hafner contends there was no probable cause without field sobriety tests. | Agnew lacked probable cause relying on absence of pre-arrest tests. | No error; probable cause supported by objective intoxication signs. |
| Did the district court correctly interpret § 46-18-403(2), MCA, on credit for pretrial detention? | Credit for time served must be automatic under 2002 language (mandatory). | Statute revised in 2005 gives discretion to grant credit. | District court's interpretation correct; credit discretionary, not mandatory. |
Key Cases Cited
- City of Missoula v. Forest, 236 Mont. 129 (1989) (probable cause assessment; lack of tests does not defeat probable cause)
- State v. Hendrickson, 283 Mont. 105 (1997) (objective evidence of intoxication supports probable cause)
- In re Cybulski, 2008 MT 128 (2008) (pre-arrest observations can establish probable cause)
- Wiedrich, 2005 MT 127 (2005) (statutory credit for pretrial detention; change from mandatory to discretionary)
- State v. Montoya, 1999 MT 180 (1999) (sentence review legality standard; exceptions did not apply here)
- State v. McKee, 1998 MT 110 (1998) (suppression remedy for illegal arrest)
- State v. Charlie, 2010 MT 195 (2010) (review of suppression rulings; standards of review)
- Bank of Am. v. Ivey, 2010 MT 131 (2010) (statutory interpretation; do not read in omitted terms)