STATE v. STUECK

No. 96-081.

929 P.2d 829 (1996)

STATE of Montana, Plaintiff and Appellant, v. Gregory S. STUECK, Defendant and Respondent.

Supreme Court of Montana.

Decided December 9, 1996.


Attorney(s) appearing for the Case

Joseph P. Mazurek, Attorney General, Barbara C. Harris, Asst. Attorney General, Helena, Mike Salvagni, Gallatin County Attorney, Jane Mersen, Deputy County Attorney, Bozeman, for Plaintiff and Appellant.

Karl P. Seel, Bozeman, for Defendant and Respondent.


GRAY, Justice.

The State of Montana (State) appeals from the order of the Eighteenth Judicial District Court, Gallatin County, suppressing blood alcohol evidence obtained from Gregory S. Stueck (Greg). We affirm.

The dispositive issue on appeal is whether the District Court erred in concluding that Montana's implied consent statute applies to a negligent vehicular assault prosecution so as to preclude the admissibility of blood sample evidence forcibly drawn...

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