State of Montana, Plaintiff and Appellee v. Beverly Sampson Cybulski, Defendant and Appellant

Summary

The Montana Supreme Court affirmed Beverly Cybulski's convictions for misdemeanor DUI and felony criminal endangerment arising from her driving westbound in the eastbound lane of Interstate 94 for roughly fifty miles in August 2006. The court held that the officers had particularized suspicion and probable cause despite one deputy's inexperience, that her skeletal speedy trial motion failed the particularity requirements of § 46-13-101(4), MCA, that the jury was properly instructed on the 'knowingly' element, and that sufficient evidence supported both the 'knowingly' element and Custer County venue. It also found no abuse of discretion in admitting the patrol car video, the 911 call transcript, and the muted video of the horizontal gaze nystagmus test. The Court declined to reach her joinder, prosecutorial misconduct, and double jeopardy arguments because her briefing cited no authority and improperly incorporated her district court briefs by reference.