Felony DUI dismissed for man passed out on bridge

A felony DUI charge was dropped for a 41-year-old West Glacier man who was found asleep at the wheel on the Blankenship Bridge on June 12.

John Derby had faced up to 13 months with the Department of Corrections followed by a consecutive but suspended five-year prison sentence and a fine of $1,000 to $10,000 if convicted of the charge.

According to court records, a Flathead County sheriff’s deputy responded to the bridge around 1:30 a.m. and spoke with medical personnel who allegedly found Derby passed out in his vehicle. Medical personnel said the vehicle was running when they arrived, and they and the deputy allegedly saw an open beer can in one of the vehicle’s cup holders.

The deputy reported that Derby had slurred speech, was incoherent, failed field sobriety tests and refused to provide a breath sample both at the scene and later at the Flathead County Detention Center.

Derby was transported to Kalispell Regional Medical Center for a blood draw, and the blood was sent to the Montana Crime Lab. He had prior DUI convictions in February 1997, March 2007 and August 2008.

Derby was appointed a public defender and released after posting a $25,000 bond. He was ordered to wear a SCRAM device.

On Nov. 19, the Flathead County Attorney’s Office filed an unopposed motion to dismiss the charge against Derby, saying they had recently learned the matter was a misdemeanor and should be handled in Justice Court.

Flathead County District Court Judge David Ortley dismissed the charge without prejudice on Nov. 22.