GENTRY v. STATE, DEPT. OF JUSTICE

No. 96-345.

938 P.2d 693 (1997)

James GENTRY, Petitioner and Appellant, v. STATE of Montana, DEPARTMENT OF JUSTICE, MOTOR VEHICLE DIVISION, Respondent and Respondent.

Supreme Court of Montana.

Decided May 27, 1997.

Rehearing Denied June 26, 1997.


Attorney(s) appearing for the Case

Kevin R. Peterson; Great Plains Law Firm, Billings, for Petitioner and Appellant.

Joseph P. Mazurek, Attorney General, Brenda Nordlund, Assistant Attorney General, Helena, for Respondent and Respondent.


GRAY, Justice.

James Gentry appeals from the order of the Seventh Judicial District Court, Dawson County, denying his petition to challenge the suspension of his driving privileges for refusing to submit to a breathalyzer test under Montana's implied consent law. We affirm.

We address the following issues on appeal:

1. Did the District Court err in refusing to apply the "confusion doctrine?"

2. Did the District Court err in denying Gentry's...

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