Facts: Rudy Stanko was driving on the Montana State Highway 200 when he was pulled over by Officer Kenneth Breidenbach, a member of the Montana Highway Patrol. Stanko had been driving his vehicle at a steady 85 miles per hour at a location that was “narrow, had no shoulders, and was broken up by an occasional frost heave.” This location also included curves and hills which obscured vision of the roadway head. The actual roadway held no other drivers at this time during the day. Stanko had been driving his new 1996 Chevrolet Camaro, with brakes, tires, and a steering wheel that were all in perfect operating conditions. Office Breidenbach issued him a ticket for violating Section 61-8-303(1) of Montana’s basic rule regarding the speed vehicles are allowed on Montana Highways. The ground for this ticket was that Stanko was driving his vehicle at a speed Breidenbach decided was unsafe to do so. Procedural …show more content…
City of Rockford (1972) regarding the values vague statutes offend, which had two elements it must meet. First, the laws would have to give a person of ordinary intelligence an opportunity to know what’s prohibited. Second, the laws must provide explicit standards for those who apply them. Since the Attorney General of the State was unable to specify a speed that would have been reasonable for Stanko to be driving at the time and place of his arrest and enforced the idea the individual officers would have the choice over where and when they wanted to enforce the law, the Supreme Court of Montana found the rules regarding highway speeds in Section 61-8-303(1) to be void for vagueness and in violation of the due process clause of the Montana