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STATE v. NEWILL

No. 97-043.

946 P.2d 134 (1997)

STATE of Montana, Plaintiff and Respondent, v. Michelle Rene NEWILL, Defendant and Appellant.

Supreme Court of Montana.

Decided October 10, 1997.

Attorney(s) appearing for the Case

Morgan M. Modine, Modine & Thompson, Missoula, for Defendant and Appellant.

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

LEAPHART, Justice.

Michelle Newill (Newill), appeals from the decision of the Fourth Judicial District Court, Missoula County, denying Newill's motion to suppress evidence. Newill asserts that hospital records regarding her blood alcohol content (BAC) should have been suppressed by the District Court because the blood samples used to determine her BAC were not taken in accordance with § 61-8-402, MCA, (implied consent statute). The District Court held that the...

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