JOHNSON v. DIVISION OF MOTOR VEHICLES

No. 85-297.

711 P.2d 815 (1985)

James R. JOHNSON, Petitioner and Respondent and Respondent, v. DIVISION OF MOTOR VEHICLES, MONTANA DEPARTMENT OF JUSTICE, Respondent and Appellant.

Supreme Court of Montana.

Decided December 31, 1985.


Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., Barbara Claassen, Asst. Atty. Gen., Helena, Robert B. Brown, Ravalli Co. Atty., Hamilton, for respondent and appellant.

Jeffrey H. Langton, Hamilton, for petitioner and respondent.


GULBRANDSON, Justice.

The State appeals a Ravalli County District Court order requiring the State to restore a driver's license seized under Montana's Implied Consent Law when the driver failed to submit to a breathalyzer test requested by a police officer. The issue on appeal is whether respondent James Johnson "cured" his failure to submit to the breathalyzer test by initiating a blood alcohol test a short time later. We hold that the later test did not cure respondent...

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