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• Title: City of Whitefish v. Hansen
• Author : Supreme Court of Montana
• Release Date : January 19, 1989
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

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Submitted on Briefs February 3, 1989 The appellant, Garrick L. Hansen appeals from a judgment of the Eleventh Judicial District,
Flathead County, finding him guilty of failing to have a valid driver's license, failing to carry motor vehicles insurance
coverage, and failing to renew his motor vehicle registration. We affirm The issues raised on appeal by Hansen are: 1) Whether the District Court violated appellant's constitutional rights; and 2) Whether the "issuing" court had jurisdiction
to try appellant for the violations aforementioned The case arises out of the following circumstances. On Thanksgiving Day
1988, appellant drove to a grocery store in Whitefish, Montana. Whitefish police officers approached Hansen in the parking
lot of the shopping mall where the grocery store was located. The officers informed Hansen that his tail lights did not illuminate
and asked for his driver's license, vehicle registration and proof of insurance. Appellant told the officers that he was not
a person required to carry such documents. The officers placed appellant under arrest We accepted this appeal based on public
policy that pro se appellants should not be barred from access to the court. Courts of appeal should make all allowances possible
in favor of persons appealing in propria persona. Wimberly v. Rogers (9th Cir Mont. 1977), 557 F.2d 671 Hansen's first contention
is that the District Court violated his constitutional rights. The arguments he offers to buttress his vague claims are indistinct,
confused and incomprehensible They show a disrespect for this Court whose function it is to decide serious questions of constitutional
deprivation. We cannot dignify the contentions with anything beyond a curt reply This Court has previously addressed the issue
concerning alleged violation of constitutional rights by requiring vehicle operators to carry a motor vehicle license, a driver's
license and proof of vehicle insurance. In City of Billings v. Skurdal (Mont. 1986), [224 Mont. 84,] 730 P.2d 371, 43 St.Rep.
2036, we listed considerable authority on the issue:

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