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STATE v. McELDERRY

No. 96-674.

944 P.2d 230 (1997)

STATE of Montana, Plaintiff and Appellant, v. Barbara E. McELDERRY, Defendant and Respondent.

Supreme Court of Montana.

Decided September 8, 1997.

Attorney(s) appearing for the Case

Lawrence J. Nistler, Polson, for Plaintiff and Appellant.

Joseph P. Mazurek, Attorney General, Patricia J. Jordan, Assistant Attorney General, Helena; Kim Christopher, Lake County Attorney, Robert J. Long, Deputy County Attorney, Polson, for Defendant and Respondent.

TRIEWEILER, Justice.

On October 16, 1996, the State of Montana charged Barbara McElderry, by complaint filed in the Lake County Justice Court, with driving under the influence of alcohol, fifth offense, a felony, in violation of § 61-8-401(1)(a), MCA, and with reckless driving and driving while her license was suspended or revoked, in violation of §§ 61-8-301(1)(b) and 61-5-212, MCA, respectively. On October 25, 1996, the State filed a motion and affidavit...

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