-- DA 17-0440 CITY OF HELENA, Plaintiff and Appellee, v. KRISTI ANNE O'CONNELL, Defendant and Appellant

Oral Argument is set for Wednesday, May 20, 2020, at 9:30 a.m. in the Courtroom of the Montana Supreme Court, Joseph P. Mazurek Justice Building, Helena, Montana. James Reavis consolidated his student loans in 2012 in order to qualify for the Public Student Loan Forgiveness program. His loans were serviced by Pennsylvania Higher Education Assistance Agency under its d/b/a Fedloan Servicing. -- DA 17-0440 CITY OF HELENA, Plaintiff and Appellee, v. KRISTI ANNE O'CONNELL, Defendant and Appellant. Oral Argument is set for Wednesday, January 23, 2019, at 9:30 a.m. in the Courtroom of the Montana Supreme Court, Joseph P. Mazurek Justice Building, Helena, Montana. In June 2016, Kristi O’Connell caused a multiple-vehicle accident at an intersection in Helena, Montana, and was charged with careless driving. Ms. O’Connell agreed to provide a blood sample. Later that month, Ms. O’Connell pleaded guilty to the careless driving charge. The results of the toxicology report revealed the presence of medications in Ms. O’Connell’s blood. In October 2016, Ms. O’Connell was cited for Driving Under the Influence (DUI). Ms. O’Connell filed a motion to dismiss the DUI charge, arguing that the DUI charge violated a Montana statute, § 46-11-504(1), MCA, prohibiting subsequent prosecution following a conviction. Additionally, Ms. O’Connell asserted the charge violated double jeopardy protections guaranteed to her by the Montana constitution. The Municipal Court denied Ms. O’Connell’s motion to dismiss and the District Court affirmed the Municipal Court’s decision. On appeal, O’Connell argues that double jeopardy applies because the DUI charge was based upon exactly the same conduct as her careless driving conviction, she performed one act with one criminal objective: driving carelessly by driving under the influence of medication. The City argues that O’Connell’s careless driving conviction was, like her DUI charge, an absolute liability offense that does not require proof of mental state. Accordingly, the City contends that since O’Connell’s careless driving conviction and subsequent DUI prosecution were not concerned with criminal objective, the offenses did not arise out of the same transaction and her double jeopardy rights were not violated.

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