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STATE v. WAYMIRE

Nos. 86-502, 86-528.

736 P.2d 106 (1987)

STATE of Montana, Plaintiff and Respondent, v. Jeffrey WAYMIRE, Defendant and Appellant. CITY OF BILLINGS, Plaintiff and Respondent, v. Chester METCALF, Defendant and Appellant.

Supreme Court of Montana.

Decided April 16, 1987.

Rehearing Denied May 21, 1987.

Attorney(s) appearing for the Case

Brad L. Arndorfer, Billings, for defendants and appellants.

Mike Greely, Atty. Gen., Dorothy McCarter, Asst. Atty. Gen., Helena, Harold Hanser, Co. Atty., Gayle Stewart, Deputy Co. Atty., Billings, for plaintiffs and respondents.

HARRISON, Justice.

This is an appeal from the District Court of the Thirteenth Judicial District, Yellowstone County, Montana. The court dismissed an appeal from the Yellowstone justice court and city court of Billings, Montana. Defendants had been driving under the influence of alcohol. We reverse and remand.

Defendant Jeffrey Waymire (Waymire) was arrested March 29, 1986. He was issued a ticket for driving under the influence of alcohol (second offense)...

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