and Submitted: January 23, 2019
FROM: District Court of the First Judicial District, In and
For the County of Lewis and Clark, Cause No. BDC 17-96
Honorable Michael F. McMahon, Presiding Judge
Appellant: Chad Wright, Appellate Defender, James Reavis
(argued), Assistant Appellate Defender, Helena, Montana
Appellee: Timothy C. Fox, Montana Attorney General, Aislinn
W. Shaul-Jensen (argued), Assistant Attorney General, Helena,
Montana Thomas J. Jodoin, Helena City Attorney, Erik Coate,
Deputy City Attorney, Helena, Montana
Defendant Kristi Anne O'Connell appeals from a First
Judicial District Court order upholding the denial of her
motion to dismiss her driving under the influence charge. We
We restate the issue on appeal as follows:
Whether the District Court correctly upheld the Municipal
Court's denial of O'Connell's motion to dismiss
her driving under the influence charge as violative of her
statutory protection against multiple prosecutions and her
constitutional protection against double jeopardy.
AND PROCEDURAL BACKGROUND
The parties stipulated to the following facts in the
proceeding before the Municipal Court.
Helena Police Officer Kaleczyc's report states that on or
about June 3, 2016, at approximately 8:49 a.m., he arrived at
a multiple vehicle crash on the intersection of Lyndale and
Last Chance Gulch, Helena, Montana. After investigation, he
determined that O'Connell had failed to drive in a safe
and prudent manner and had rear-ended another vehicle. In
total, five vehicles were damaged in the accident.
During his investigation, Officer Kaleczyc learned
O'Connell had missed a turn and was looking for an
opportunity to turn around. O'Connell explained she was
in the process of looping back around when the accident
happened. Based on his review of O'Connell's phone
log and text messages, Officer Kaleczyc determined that
O'Connell was not using her cell phone while driving.
O'Connell informed Officer Kaleczyc that she took
prescription medication for Lupus, depression, and sleeping.
Officer Kaleczyc reported that he observed no behaviors
indicating O'Connell was under the influence of alcohol
or drugs. On June 3, 2016, Officer Kaleczyc charged
O'Connell with careless driving for failure to operate
her truck in a safe and prudent manner in violation of §
On June 9, 2016, O'Connell pleaded guilty to careless
driving in violation of § 61-8-302, MCA, and Helena
Municipal Court sentenced her with a $90 fine.
On October 9, 2016, after reviewing O'Connell's
toxicology report, the Helena Attorney's Office (City)
additionally charged O'Connell with driving under the
influence (DUI). O'Connell pleaded not guilty and moved
the Municipal Court to dismiss her DUI charge as a subsequent
prosecution barred by § 46-11-504(1), MCA. On December
22, 2016, the Municipal Court denied O'Connell's
motion to dismiss the DUI charge. Pursuant to a plea
agreement, O'Connell pleaded guilty to negligent
endangerment, preserved her right to appeal, and timely
appealed the denial of her motion to dismiss to the District
On appeal, the parties stipulated to the following facts.
On June 3, 2016, O'Connell caused a multiple-car accident
at the intersection of Lyndale and Last Chance Gulch.
O'Connell told the dispatched officer she didn't have
a clear memory of how she caused the accident. She was cited
for careless driving.
When O'Connell reported she took medication for
depression, difficulty sleeping, and Lupus, the citing
officer asked for a blood sample. ...