STATE v. SCHWEIN

No. 00-035.

16 P.3d 373 (2000)

2000 MT 371

STATE of Montana, Plaintiff and Respondent, v. Michael SCHWEIN, Defendant and Appellant.

Supreme Court of Montana.

Decided December 28, 2000.


Attorney(s) appearing for the Case

Brad L. Arndorfer; Arndorfer Law Firm, Billings, MT, For Appellant.

Hon. Joseph P. Mazurek, Attorney General; John Paulson, Assistant Attorney General, Helena, MT, Dennis Paxinos, Yellowstone County Attorney; Scott Twito, Ed Zink, Deputy County Attorneys, Billings, MT, For Respondent.


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

¶ 1 Michael Schwein (Schwein) appeals from a jury verdict in the Thirteenth Judicial District Court, Yellowstone County, finding him guilty of driving under the influence of alcohol. We affirm the judgment of the District Court.

¶ 2 The following issues are raised on appeal:

¶ 3 1. Did the District Court err in denying Schwein's motion to dismiss the DUI charge on the grounds...

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