Submitted on Briefs: October 17, 2018
District Court of the Fourth Judicial District, In and For
the County of Missoula, Cause No. DC-16-441 Honorable Karen
Townsend, Presiding Judge.
Appellant: Nathaniel S. Holloway, Paul T. Ryan, Paul Ryan
& Associates, PLLC, Missoula, Montana
Appellee: Timothy C. Fox, Montana Attorney General, Madison
L. Mattioli, Assistant Attorney General, Helena, Montana,
Kirsten Pabst, Missoula County Attorney, Missoula, Montana.
JEREMIAH SHEA JUSTICE.
Pursuant to Section I, Paragraph 3(c), Montana Supreme Court
Internal Operating Rules, this case is decided by memorandum
opinion, shall not be cited, and does not serve as precedent.
Its case title, cause number, and disposition shall be
included in this Court's quarterly list of noncitable
cases published in the Pacific Reporter and Montana Reports.
Adam Justin Chesterfield appeals the Order of the Fourth
Judicial District Court, Missoula County, denying his Motion
to Dismiss his felony driving under the influence of alcohol
(DUI) charge. We affirm.
On August 11, 2016, Chesterfield was stopped by Missoula
police and cited for DUI. On August 24, 2016, the State filed
an Information charging Chesterfield with felony DUI, fourth
or subsequent offense, in violation of §§
61-8-401(1)(a), 61-8-731, MCA. Chesterfield has prior DUI
convictions from 2003, 2005, and 2011. Chesterfield conceded
the validity of his 2003 and 2011 DUI convictions but
challenged the 2005 conviction. On October 13, 2016,
Chesterfield moved to dismiss the felony DUI on the grounds
that his 2005 DUI conviction out of the Gallatin County
Justice Court was constitutionally infirm. Chesterfield
attached an affidavit that stated in relevant part:
5. I received my second DUI over a decade ago when I was only
24 years old (conviction date: October 13, 2005).
7. In 2005, I could not afford an attorney.
9. I do not remember being advised of my constitutional right
to counsel before pleading guilty to DUI in 2005.
10. I do not remember voluntarily waiving my right to counsel
before pleading guilty to DUI in 2005.
11. I wanted to be represented by counsel, but as a 24-year
old, I was intimidated by the formal process and unsure of my
12. I reviewed the Gallatin County records, and these records
do not state that I was informed of ...