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STATE v. FITZGERALD

No. 96-613.

940 P.2d 108 (1997)

STATE of Montana, Plaintiff and Respondent, v. Curtis A. FITZGERALD, Defendant and Appellant.

Supreme Court of Montana.

Decided June 17, 1997.

Attorney(s) appearing for the Case

Mark E. Jones, Missoula, for Appellant.

Joseph P. Mazurek, Attorney General; Jennifer Anders, Assistant Attorney General; Helena, Robert L. "Dusty" Deschamps III, Missoula County Attorney; Betty Wing, Deputy County Attorney; Missoula, for Respondent.

REGNIER, Justice.

Curtis A. Fitzgerald was cited with driving under the influence of alcohol pursuant to § 61-8-401, MCA, on August 22, 1995. The Missoula County Justice Court denied both Fitzgerald's motion to suppress evidence of his breathalyzer test result, and his motion to dismiss for lack of speedy trial. Fitzgerald pled guilty, reserving his right to appeal both rulings in District Court. Prior to trial in the District Court, Fitzgerald again moved to...

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