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STATE v. NELSON

No. 96-181.

941 P.2d 441 (1997)

STATE of Montana, Plaintiff and Respondent, v. James NELSON, Defendant and Appellant.

Supreme Court of Montana.

Decided June 24, 1997.

Attorney(s) appearing for the Case

Marvin L. Howe (argued); Simonton, Howe & Schneider, Glendive, for Defendant and Appellant.

Joe Mazurek, Attorney General; John Paulson, Assistant Attorney General (argued), Helena, Montana Scott W. Herring, Deputy County Attorney, Glendive, for Plaintiff and Respondent.

LEAPHART, Justice.

James Nelson (Nelson) appeals from the Seventh Judicial District Court's order denying his motion to quash or to suppress the results of his blood alcohol test obtained by means of an investigative subpoena. We affirm.

The following facts are not in dispute. On December 7, 1994, near Glendive, Montana, Nelson was involved in a motor vehicle accident on Interstate 94 when he drifted off the highway and struck a guardrail. After Nelson received...

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