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GEBHARDT v. STATE

No. 88-210.

775 P.2d 1261 (1989)

In the Matter of the Suspension of the Driver's License of Byrne Kennedy GEBHARDT, Petitioner and Respondent, v. STATE of Montana, Respondent and Appellant.

Supreme Court of Montana.

Decided July 6, 1989.

Attorney(s) appearing for the Case

Marc Racicot, Atty. Gen., Peter Funk, Asst. Atty. Gen., Helena, Floyd A. Brower, County Atty., Roundup, for respondent and appellant.

John L. Pratt, Ask & Pratt, Roundup, for petitioner and respondent.

HUNT, Justice.

The State of Montana appeals from an order of the District Court of the Fourteenth Judicial District, Musselshell County, which held that respondent Byrne Kennedy Gebhardt was justified in refusing to submit to a chemical test of his breath for the purpose of determining the alcoholic content of his blood because the officer who arrested him did not have reasonable grounds to believe he was in actual physical control of a motor vehicle while under the...

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