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BOLAND v. STATE

No. 89-355.

792 P.2d 1 (1990)

Patrick James BOLAND, Petitioner and Respondent, v. STATE of Montana, Respondent and Appellant.

Supreme Court of Montana.

Decided May 2, 1990.

Rehearing Denied June 20, 1990.

Attorney(s) appearing for the Case

Marc Racicot, Atty. Gen., Peter Funk, Asst. Atty. Gen., Helena, Patrick Paul, Co. Atty., Stephen Hagerman, Deputy, Great Falls, for respondent and appellant.

Patrick F. Flaherty, Flaherty & Winner, Great Falls, for petitioner and respondent.

HARRISON, Justice.

The State of Montana appeals from Eighth Judicial District Judge John McCarvel's judgment which concluded that the officer who arrested Patrick Boland for driving under the influence of alcohol did not have reasonable cause to arrest Boland at the time the officer stopped him. The District Court held that Boland was therefore entitled to immediate restoration of his driver's license and driving privileges. We reverse the lower court's judgment....

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