Not guilty plea entered to DUI charge

Frederick Tapia appeared before Judge James A. Manley in 20th Judicial District Court for his arraignment on Tuesday. Tapia entered a plea of not guilty through his attorney, Kirk Krutilla, to a felony charge of driving under the influence of alcohol. According to the charging documents, Montana Highway Patrol received a report from another motorist of a black SUV driving “all over the road” on Highway 28. The trooper followed the SUV, also observing erratic driving. Upon stopping the vehicle, the trooper noted that the driver, Tapia, was slurring his speech and had a strong odor of alcohol emanating from his person. Additionally, the trooper noted that Tapia had to lean against his patrol vehicle upon exiting his SUV. When booked at Sanders County Detention, Tapia blew a BAC of .226, according to charging documents. Tapia’s trial is set for October 24, 2022.

Jimmy McCracken appeared for sentencing with his attorney, Justin Kalmbach. Per the plea agreement between the parties, McCracken was sentenced to a $500 fine and five years to the Department of Corrections, which were all suspended on the conditions outlined in the presentence investigation report on a felony count of criminal possession of dangerous drugs. On the misdemeanor counts of driving while a habitual traffic offender and required motor vehicle insurance, McCracken received 30 days in the Sanders County Jail and a $350 fine, with credit for 132 days served. According to charging documents, on December 15, 2021, McCracken was observed by law enforcement driving down Highway 28 in the dark without his lights on. When the detective turned around to follow the vehicle, McCracken attempted to hide by pulling behind a parked semi truck at the top of the hill. After stopping the vehicle, it was found that McCracken’s driver’s license was revoked. Drug paraphernalia and one prescription pill were located on McCracken’s person, documents stated.