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ANDERSON v. STATE DEPT. OF JUSTICE

No. 95-277.

912 P.2d 212 (1996)

Brian J. ANDERSON, Petitioner and Appellant, v. STATE of Montana, DEPARTMENT OF JUSTICE, MOTOR VEHICLE DIVISION, Respondent and Respondent.

Supreme Court of Montana.

Decided February 22, 1996.

Attorney(s) appearing for the Case

Gary R. Thomas, Thomas Law Office, Red Lodge, for Appellant.

Joseph P. Mazurek, Attorney General, Patricia Jordan, Assistant Attorney General, Helena, Alan Hall, Deputy City Attorney, Billings, for Respondent.

TRIEWEILER, Justice, delivered the opinion of the Court.

Brian Anderson petitioned the District Court for the Thirteenth Judicial District in Yellowstone County for reinstatement of his driver's license pursuant to § 61-8-403, MCA. Following a hearing, the District Court denied Anderson's petition. The court found that the arresting officer had reasonable grounds to believe that Anderson had committed the offense of driving under the influence of alcohol, and...

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