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  5. 712 P.2d 1338 (1986)
 

MATTER OF SUSPENSION OF DRIVER'S LICENSE, BLAKE

No. 85-79.

712 P.2d 1338 (1986)

In the Matter of the SUSPENSION OF the DRIVER'S LICENSE OF Wayne BLAKE.

Supreme Court of Montana.

Decided January 23, 1986.

Rehearing Denied February 13, 1986.

Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., Kimberly Kradolfer, Asst. Atty. Gen., Helena W.G. Gilbert, III, Co. Atty., Dillon, for appellant.

Max A. Hansen, Dillon, for respondent.

Vincent J. Kozakiewicz, Dillon, for amicus curiae.

HARRISON, Justice.

Petitioner, Wayne Lester Blake's driver's license was suspended for 90 days pursuant to § 61-8-402(5), MCA, for refusal to take a breathalyzer test. Blake appealed the suspension of his license to the Fifth Judicial District Court, pursuant to § 61-8-403, MCA. Following an evidentiary hearing, the trial judge stayed the suspension, pending a final appeal of his decision. The State filed a motion for rehearing. The motion was heard January...

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