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DUI Suspended Sentence Example In Montana

IT IS HEREBY ORDERED that the Defendant is sentenced in Cause ADC-98-233 for COUNT I: DRIVING UNDER THE INFLUENCE OF ALCOHOL, 4TH OR SUBSEQUENT OFFENSE, A FELONY, to the Department of Corrections for a period of thirteen (13) months with all but six months suspended and then to be placed on probation for three (3) years and to pay a $ 10,000 fine $ 1,000 suspended.

For COUNT III: OVERTAKING ON THE RIGHT WITHOUT DUE REGARD FOR SAFETY, A MISDEMEANOR, the Defendant is fined $ 500.

FURTHER, the Court recommends placement in a pre-release center.

IT IS FURTHER ORDERED that execution of this sentence be delayed until 9:00 AM on Wednesday, February 23, 2000 when Defendant shall report to the offices of the Missoula County Sheriff to begin the sentence.

The sentence is subject to the following conditions:

  1. That the Defendant be placed under the supervision of the Adult Probation & Parole Bureau and follow all rules and regulations thereof.
  2. That the Defendant not use or possess alcoholic beverages nor enter any establishment where alcohol is the chief item of sale.
  3. That the Defendant not use or possess any illicit drugs unless prescribed by a licensed physician.
  4. That the Defendant submit to testing of blood, breath and/or other bodily fluids upon request of his supervising officer.
  5. That the Defendant obtain a chemical dependency evaluation at his own expense and follow all recommendations of the evaluation.
  6. That the Defendant be subject to search and seizures of his person, residence and vehicle upon request of his supervising officer, at any time of the day or night, without or without a search warrant.
  7. That the Defendant shall not own, possess or be in control of any firearms or deadly weapons, including black powder, as defined by state or federal law.
  8. That the Defendant obtain any evaluation or counseling as deemed appropriate by his supervising officer.
  9. That the Defendant shall have an ignition interlock device placed in any vehicle driven and pay all associated costs of the program.
  10. That the Defendant shall not gamble, wager or be involved in any games of chance nor enter any casinos or gambling establishments.
  11. That per MCA 46-23-1031, the Defendant shall pay the mandatory supervision fee of $ 120 for each year of supervision.
  12. That according to MCA Sec 46-18-236 (1997) Defendant pay the mandatory $ 20 surcharge for each felony and $ 15 for each misdemeanor for a total of $ 35.
  13. That according to MCA Sec 46-18-236, the Defendant pay a $ 10 surcharge for each conviction to finance local victim witness advocate programs for a total of $ 20.
  14. That according to MCA Sec 25-10-404, the Defendant pay a $ 5 user surcharge for a total of $ 10 for court information technology to the original court of jurisdiction.
  15. That all monies be paid through the Clerk of District Court, Cascade County Courthouse, 415 2nd Ave North, Great Falls, MT 59401.
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