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CITY OF BILLINGS v. PEETE

No. 86-303.

729 P.2d 1268 (1986)

CITY OF BILLINGS, Plaintiff and Respondent, v. Raymond K. PEETE, Defendant and Appellant.

Supreme Court of Montana.

Decided November 24, 1986.

Rehearing Denied January 13, 1987.

Attorney(s) appearing for the Case

Sandall, Cavan, Smith, Howard & Grubbs, John J. Cavan, Billings, for defendant and appellant.

Bonnie Sutherland, City Attorney's Office, Billings, for plaintiff and respondent.

MORRISON, Justice.

Raymond K. Peete, defendant, was convicted in Billings City Court of violating § 61-8-401(1)(a), MCA, driving while under the influence of alcohol. He appealed his conviction to Yellowstone County District Court. Defendant filed a motion to dismiss, alleging that he was not operating a motor vehicle "upon the ways of the state open to the public," as required by the statute. The motion to dismiss was denied. Defendant was again convicted of...

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