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MATTER OF ORMAN

No. 86-376.

731 P.2d 893 (1986)

In re the Matter of the Suspension of the Driving Privileges of Craig F. ORMAN.

Supreme Court of Montana.

Decided December 12, 1986.

Rehearing Denied February 19, 1987.

Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., Helena, A. Michael Salvagni, Co. Atty., Duke R. Wolf, Deputy Co. Atty., Bozeman, for appellant.

Steven D. Nelson, Bozeman, for respondent.

WEBER, Justice.

Craig Orman was arrested for driving under the influence of alcohol. At the time of his arrest he refused to submit to a breath test to determine the level of his intoxication. The Department of Justice suspended Mr. Orman's driver's license for one year because the breath test refusal was his second such refusal in Montana within the past five years. The District Court for the Eighteenth Judicial District, Gallatin County, granted Mr. Orman's petition...

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