WALKER v. STATE

No. 87-246.

746 P.2d 624 (1987)

Tommy Leroy WALKER, Plaintiff and Respondent, v. STATE of Montana, Defendant and Appellant.

Supreme Court of Montana.

Decided December 3, 1987.


Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., Barbara Claassen, Asst. Atty. Gen., Helena, Patrick L. Paul, Co. Atty., Jeff McAllister, Deputy Co. Atty., Great Falls, for defendant and appellant.

Ralph Randono, Randono, Donovan & Macek, Great Falls, for plaintiff and respondent.


McDONOUGH, Justice.

Appellant, the State of Montana, challenges the decision of the District Court of the Eighth Judicial District. We reverse and remand for proceedings consistent with this opinion.

On December 16, 1986, Respondent Walker twice refused police testing to determine blood alcohol content. Both refusals occurred following arrests by Great Falls Police Officer Chris Hickman. After the first arrest, Walker posted bond and returned to his car where...

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