Correction: Councilman Rick Dow said he had talked to Brian Lilletvedt about representing him, but instead has hired attorney Lindsay Lorang.
After running for Havre City Council on his opposition to the new ordinance banning the use of handheld electronic devices while driving, council member Rick Dow appeared in City Court today to plead not guilty to breaking the same law.
Following his plea, he announced his intention to hire an attorney, Brian Lilletvedt. City Judge Margaret Hencz scheduled an omnibus hearing in one month, on June 21. Dow also requested trial by jury.
“I feel that this will be dismissed and will hopefully address the challenges of this hastily conceived ordinance,” Dow said after his hearing.
A few weeks ago, according to Dow’s recollection of events, he was driving south on 5th Avenue, having just picked his children up from school. He grabbed his phone from his dashboard, not to answer a call or anything, and was gesticulating with it in his hand, which the officer mistook for use of an electronic communication device.
“I don’t feel that this is necessary,” Dow added.
Dow was not the only one in City Court today defending themselves in the face of these charges.
Eric Olson also pleaded not guilty and requested a jury trial, claiming afterwards that he too was only holding the phone in his hand, not using it. Olson’s omnibus hearing was scheduled for June 7, where he will also be represented by Lilletvedt.
Before the hearing began, as he was seated in City Court, Olson was overheard explaining to someone on his cellphone, his problem with the law’s logic.
“You can have a burger in your hand. You can have a Subway sandwich in your hand,” Olson said . “But it’s illegal to have a cellphone in your hand.”



For some of the posters here, how DARE you call yourselves things like "citizen" when you support the suppression of people's rights? The simply fact of the matter is that NO law should be enacted that does not affect ALL people, including cops, equally.
By your rationale of what is "dangerous", I guess we need to remove all the two way radios and computers from all emergency vehicles, no? After all, the danger is MAGNIFIED by the presence of those devices.
Here's the bottom line, if you don't want to be pinched, hold your phone BELOW THE WINDOWLINE in your car. Set it to SPEAKER. I am here to tell you that this "law" is DUMB. You simply CAN NOT ascertain from OUTSIDE one MOVING car INTO ANOTHER what someone is doing. There simply is NO WAY an officer can truly, honestly tell if someone is talking on their phone or not. PROVE I was talking on my phone...let's take it to court. Show me the VIDEO of me holding a phone.
All this nanny state, gvt butt kissing makes me SICK. You call yourselves AMERICANS?? When virtually every time some FOS politico promises you the world if you juuuuust give up a little more of those precious liberties you all cow-tow? Take those "support the troops" stickers OFF. You spit in their faces every time you go for this LUNACY. And that's ALL it is...LUNACY.
This worthless, pointless, senseless and moronical "law" is exactly that because the "issue" is SO EASILY beaten by simply HOLDING THE PHONE WHERE IT CANNOT BE SEEN. DUUUHHHHH....
Good GOD...WTH IS this country coming to anymore???
FORGET IT! Let's just make EVERYTHING ILLEGAL! Sick, pathetic and twisted. That's all this is...