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STATE v. LEE

No. 96-557.

938 P.2d 637 (1997)

STATE of Montana, Plaintiff and Respondent, v. David Rollyn Palm LEE, Defendant and Appellant.

Supreme Court of Montana.

Decided May 6, 1997.

Attorney(s) appearing for the Case

Francis J. McCarvel, Glasgow, for Appellant.

Joseph P. Mazurek, Attorney General; Christina Lechner Goe, Assistant Attorney General; Helena, Ken Oster, Valley County Attorney; C. David Gorton, Deputy County Attorney; Glasgow, for Respondent.

REGNIER, Justice.

David Lee was cited with driving while under the influence of alcohol pursuant to § 61-8-401, MCA, on April 30, 1995. After a hearing, the Valley County Justice Court denied Lee's motion to suppress evidence of the arresting officer's field observations and subsequent breathalyzer test result and found Lee guilty. Lee appealed this determination to the District Court. Prior to trial at the District Court, Lee again moved to suppress this evidence...

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