State v. Bryson

Summary

The Montana Supreme Court affirmed Dale Alan Bryson’s conviction for first-offense driving under the influence. The court held that Montana Drive, a private subdivision road with public access, was a “way of this state open to the public” under Montana’s DUI statutes. The court also rejected Bryson’s argument that deciding this issue as a matter of law denied him a jury trial.

Holdings

1. A private road may constitute a way of the state open to the public when it is fitted and adapted for public travel and is in common use by the public. Montana Drive satisfied that definition despite being located in a private subdivision and bearing private-property and no-trespassing signs.
2. The District Court did not deny Bryson his right to a jury trial by deciding whether Montana Drive was a way of the state open to the public as a matter of law.

Questions Presented

1. Whether Montana Drive, a private road in the Double Arrow Ranch subdivision, was a way of the state open to the public under §§ 61-8-401(1)(a) and 61-8-101(1), MCA.
2. Whether the District Court improperly decided the public-way issue as a matter of law and thereby denied Bryson his right to a jury trial.

Disposition

affirmed