Libby man found not guilty of DUI
Jan. 6—A Libby man accused of DUI after a traffic crash in 2022 was found not guilty in a jury trial in district court on Dec. 8.
Joshua Miller, 35, was charged with two felonies, including driving under the influence, fourth offense, or, in the alternative, driving with an alcohol concentration of 0.08 or greater, fourth offense. Miller is also charged with two misdemeanors, including driving on a suspended license, second offense, and leaving the scene of an accident.
After two hours of deliberation, the jury found Miller not guilty of driving under the influence. He was convicted of two misdemeanors, including driving on a suspended license, second offense, and leaving the scene of an accident.
Miller was sentenced on Dec. 19 to a total of 200 days in the county jail with all but three suspended, which he was given credit for time served.
The case was a result of Montana Highway Patrol Trooper Bryce Ford responding to a rollover crash at 12:40 a.m. on June 10 at mile marker 20.6 on U.S. 2. The trooper saw severe damage to concrete barriers on the south side of the road and a Chevy Suburban on its passenger side in the eastbound lane.
Ford also reported seeing a full beer can on the road. When Ford spoke to Lincoln County Sheriff's Office Deputy Brandon Huff, he said the driver of the Suburban had left the scene. Ford learned the suspected driver, Miller, was picked up at mile marker 25 and taken to the hospital.
When Ford arrived at Cabinet Peaks Medical Center, he spoke to Libby Police Department Sgt. Chris Pape who said Miller agreed to a blood draw. Ford then spoke to Miller who said he didn't know what happened and thought he may have been hit by a car.
According to Ford, he reminded Miller that the owner of the Suburban had given it to him to work on earlier that day. But Miller said he wasn't driving any vehicle, court documents said. Ford said Miller had injuries consistent with being in a rollover crash and had an odor of an alcoholic substance coming from him.
Later, Ford took statements from the man who owned the Suburban and his son. Both said they gave Miller the vehicle on June 9 to fix an electrical problem.
According to the charging document, Miller has three prior DUI convictions, including two in 2009 and another in 2016. The trooper also reported that Miller had six driving while suspended convictions.