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WESSELL v. STATE, DEPT. OF JUSTICE

No. 96-048.

921 P.2d 264 (1996)

Ricky Lawrence WESSELL, Petitioner and Appellant, v. STATE of Montana, DEPARTMENT OF JUSTICE, MOTOR VEHICLE DIVISION, Respondent and Respondent.

Supreme Court of Montana.

Decided July 11, 1996.

Attorney(s) appearing for the Case

Kevin R. Peterson, Simonton, Howe & Schneider, Glendive, for Appellant.

Joseph P. Mazurek, Attorney General, Brenda Nordlund, Assistant Attorney General, Helena, Montana Richard L. Burns, Glendive City Attorney, Glendive, for Respondent.

ERDMANN, Justice.

Ricky Lawrence Wessell's driver's license was seized and his driving privileges were suspended pursuant to § 61-8-402, MCA, Montana's implied consent law. Wessell petitioned the District Court for the Seventh Judicial District, Dawson County, to reinstate his license on the grounds that it was wrongly seized. The District Court denied the petition. We reverse.

The issue on appeal is whether the District Court erred when it concluded...

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