State v. Jason Rand

Summary

The Montana Supreme Court affirmed Jason Rand’s conviction for Driving Under the Influence Per Se. The court held that Montana’s DUI statute imposes strict or absolute liability, making Rand’s intent not to drive irrelevant to whether he was in actual physical control of the vehicle. The court also upheld the trial court’s refusal to give Rand’s proposed jury instruction concerning intent and the totality of the circumstances.

Holdings

1. Intent to drive is irrelevant because Montana DUI is a strict-liability, or absolute-liability, offense that does not require a culpable mental state.
2. A person remains in actual physical control of a vehicle while asleep behind its steering wheel; neither movement nor intended movement is required.

Questions Presented

1. Whether the District Court abused its discretion by granting the State's motion in limine and excluding evidence of Rand's intent not to drive.
2. Whether the District Court abused its discretion by refusing Rand's proposed jury instruction requiring the jury to consider the totality of the circumstances, including intent, in determining whether he was in actual physical control of the vehicle.

Disposition

affirmed