[MissoulaGov] Dave's proposal is to make it a criminal offense to refuse the test punishable with a $300 fine

[Carole]

It sure sounds like it.
Carole



-----Original Message-----
From: Steve Adler <adler at bigsky.net>
To: BJaffe at ci.missoula.mt.us; ethelmacd at gmail.com; rlink at missoularealestate.com; Carole <raoke at aol.com>
Cc: missoulagov at cmslists.com
Sent: Fri, Feb 19, 2010 4:57 pm
Subject: Re: [MissoulaGov] Dave's proposal is to make it a criminal offense to refuse the test punishable with a $300 fine


Which brings up an odd hypothetical . . . 
 
Let's say I get pulled over, intoxicated or not, and refuse to blow the breathalizer, the City fines me $300 and the State takes away my license.  Have I just been punished twice for the same single offense?  (Just keeping the argument to the breathalizer.  I assume actually driving while intoxicated would be a separate offense)
 
Steve
 
 
 
 
 

From: Carole 
Sent: Friday, February 19, 2010 3:54 PM
To: BJaffe at ci.missoula.mt.us ; ethelmacd at gmail.com ; rlink at missoularealestate.com 
Cc: missoulagov at cmslists.com 
Subject: Re: [MissoulaGov] Dave's proposal is to make it a criminal offense to refuse the test punishable with a $300 fine






Are we to understand that the person will both lose their license and have a $300.00 fine for the same offence?  I thought MCA 7-1-2150 (C) applied?
 
 Carole Ulrigg



-----Original Message-----
From: Bob Jaffe <BJaffe at ci.missoula.mt.us>
To: Ethel MacDonald <ethelmacd at gmail.com>; Ruth Link <rlink at missoularealestate.com>
Cc: missoulagov at cmslists.com <missoulagov at cmslists.com>; Carole <raoke at aol.com>
Sent: Fri, Feb 19, 2010 2:57 pm
Subject: RE: [MissoulaGov] Dave's proposal is to make it a criminal offense to refuse the test punishable with a $300 fine



The $300 fine would be a municipal offence. This would be in addition to the loss of the license which comes from the state law.
 
 


From: missoulagov-bounces at cmslists.com [mailto:missoulagov-bounces at cmslists.com] On Behalf Of Ethel MacDonald
Sent: Friday, February 19, 2010 2:37 PM
To: Ruth Link
Cc: missoulagov at cmslists.com; Carole
Subject: Re: [MissoulaGov] Dave's proposal is to make it a criminal offense to refuse the test punishable with a $300 fine

 
The $300 might convince some to take the test = get a conviction = get them some help and/or jail time to get them off the road and hopefully into a program.

On Fri, Feb 19, 2010 at 2:24 PM, Ruth Link <rlink at missoularealestate.com> wrote:

So will the $300?
 
 
Ruth A. Link
Public Affairs Director, MOR

 



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