The trial against a Montana state Senator will go on in November, despite his lawyer's attempts to get charges dismissed.

Greg Barkus slammed his boat into the rocky shoreline of Flathead Lake last summer. The crash injured Barkus and all four passengers, including Congressman Denny Rehberg.

Prosecutors charged Barkus with three felonies, alleging his blood alcohol content was twice the legal limit nearly two hours after the crash.

In a December hearing, Barkus' lawyer, Todd Glazier, pushed to get charges dropped. The judge gave him deadlines to put his motions in writing, but Glazier apparently failed to do that. District Judge John McKeon wrote that the defense didn't offer any evidence to support the requests, which included suppressing evidence, moving the trial out of Flathead County and dropping all charges. That means without the proper documents, no defense motions were granted.

We reached out to Todd Glazier and Greg Barkus Wednesday, but they never responded. Flathead County Attorney Ed Corrigan didn't have a comment on the motion denials.

We dug deeper through court documents. Rehberg's name appears on the prosecution's witness list. The congressman told us he didn't know he was a witness, and that he hasn't been following the case.

"I'm not following the trial moment by moment, and so, I'll go back and find out what exactly the judge's decision was," Rehberg told us Wednesday. "I'm just not that close to it. I've got a job to do as a congressman and I'm doing that job. And, if I do get called as a witness that's fine, but I was not aware I was on the list and you just provided some information I didn't know."

Jury selection in the Barkus trial is scheduled to start Nov. 29. If convicted on all counts, Barkus faces 30 years behind bars.