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STATE v. SHARP

No. 84-452.

702 P.2d 959 (1985)

STATE of Montana, Plaintiff and Respondent, v. Wesley SHARP, Defendant and Appellant.

Supreme Court of Montana.

Decided July 8, 1985.

Attorney(s) appearing for the Case

Keller & German, Ann C. German, Libby, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, William A. Douglas, Co. Atty., Susan Loehn, Deputy Co. Atty., Libby, for plaintiff and respondent.

GULBRANDSON, Justice.

Defendant appeals from a judgment of conviction of violating section 61-8-406, MCA. We affirm.

The defendant initially appeared before the justice of the peace in Lincoln County, Montana, on a charge of driving under the influence of alcohol. At that time, he moved the justice court to suppress the results of a breathalyzer test on the grounds that such test was the result of an illegal arrest and therefore inadmissible. The motion was...

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