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STATE v. LUCHAU

No. 99-345.

992 P.2d 840 (1999)

1999 MT 336

STATE of Montana, Plaintiff and Respondent, v. Ryan LUCHAU, Defendant and Appellant.

Supreme Court of Montana.

Submitted on Briefs October 14, 1999.

Decided December 29, 1999.

Attorney(s) appearing for the Case

Steve Fletcher, Bulman Law Associates, Missoula, Montana, For Appellant.

Hon. Joseph P. Mazurek, Attorney General; Jennifer Anders, Assistant Attorney General, Helena, Montana, Fred R. Van Valkenburg, Missoula County Attorney; Karen Townsend, Deputy Missoula County Attorney, Missoula, Montana, For Respondent.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Appellant Ryan Luchau (Luchau) was charged with violation of § 61-8-410, MCA, for operating a motor vehicle while having an alcohol concentration of .02 or more. Analysis of his breath indicated a concentration of.088. Luchau was 20 years old at the time.

¶ 2 Luchau was found guilty in Missoula County Justice of the Peace Court and subsequently appealed to the District Court...

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