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McCULLUGH v. STATE

No. 92-566.

856 P.2d 958 (1993)

Leo David McCULLUGH, Petitioner and Appellant, v. STATE of Montana, Respondent and Respondent.

Supreme Court of Montana.

Decided July 20, 1993.

Attorney(s) appearing for the Case

James A. Manley, Manley Law Offices, Polson, for petitioner and appellant.

Joseph P. Mazurek, Atty. Gen., Carol E. Schmidt, Asst. Atty. Gen., Helena, and Larry J. Nistler, County Atty. and Robert J. Long, Deputy County Atty., Polson, for respondent and respondent.

TURNAGE, Chief Justice.

Leo David McCullugh appeals from an order entered by the District Court for the Twentieth Judicial District, Lake County. The court denied McCullugh's petition to vacate an order suspending his driver's license pursuant to § 61-8-402, MCA. We affirm.

The issue is whether the District Court erred in ruling that the arresting officer had probable cause to arrest McCullugh for driving or being in actual physical control of a vehicle...

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