Judge Denies Request To Suppress Evidence

District Judge Benjamin Fosland has denied the request to suppress evidence regarding Maurice James Gunn.

Gunn is facing the charge of driving under the influence of alcohol, fourth or subsequent offense, and speeding.

His defense team argued that Gunn was stopped for a speeding violation, and there was not reasonable suspicion to change the investigation to driving under the influence.

In his ruling, Fosland noted that Montana Code reads that a driver is required to submit to testing when “the peace officer has particularized suspicion to believe that the person has been driving or has been in actual physical control of a vehicle upon ways of this state open to the public while under the influence of alcohol, drugs, or a combination of the two and the person has been detained for a violation of driving under the influence...”

According to testimony from Montana Highway Patrol trooper J.T. Oliver, Gunn was stopped on U.S. Highway 2 near Poplar High School. Oliver said the speed limit changes from 30 mph to 25 mph in that area, and Gunn was clocked at traveling 47 mph.

Oliver activated his emergency lights to stop Gunn. Oliver testified that Gunn stopped and pulled away in an unusual way including going on the curb and then off it.

Oliver said that during his first observations of Gunn, he noticed slurred speech and smelled burnt marijuana. He said Gunn had bloodshot eyes.