Dow's cell phone trial set for Oct.

Havre City Council member Rick Dow's trial date has been set for 9 a. m. Oct. 16.

Dow, being represented by attorney Lindsay Lorang, had his omnibus hearing Wednesday at 2:30 p. m., where the date was set.

The hearing was originally set for this Thursday, while the case was still being presided over by Havre City Judge Margaret Hencz, who stepped out to avoid the appearance of impropriety around judging a case involving a member of the council that decides the court's budget.

Justice of the Peace Audrey Barger is now the judge. She moved the omnibus hearing up a week.

Dow was given a ticket earlier this spring on a charge of using a handheld electronic communication device while operating a motor vehicle.

He contends he was only holding his cellphone in his hand, waving it around while talking, but never actually using the device.

When he entered his plea in May, Dow had brought along records from his phone company showing no calls or text messages being made from the phone at the time of the ticketing.

The trial in October will be in front of a jury, at Dow's request.

Dow has said he hopes the trial will result in not only the dismissal of his ticket but also the revelation of problems with the law that he has long opposed that inspired him to run for his council seat.

"I feel that this will be dismissed and will hopefully address the challenges of this hastily conceived ordinance, " Dow said after his arraignment in May.