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CITY OF BILLINGS v. WEATHERWAX

No. 80-433.

630 P.2d 1216 (1981)

CITY OF BILLINGS, Plaintiff and Respondent, v. Douglas WEATHERWAX, Defendant and Appellant.

Supreme Court of Montana.

Decided July 2, 1981.

Attorney(s) appearing for the Case

Terry L. Seiffert, Billings, for defendant and appellant.

Joe Leckie, City Atty., Billings, for plaintiff and respondent.

HARRISON, Justice.

Weatherwax appeals a Yellowstone County District Court conviction for driving under the influence of alcohol pursuant to a City of Billings traffic ordinance.

Douglas Weatherwax was cited on April 29, 1980, for driving under the influence of intoxicating liquor in violation of section 11.40.020 of the Traffic Code of the City of Billings. The ordinance provides:

"It is unlawful and punishable as provided in Section 11.40.050 for...

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