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STATE v. CLAYTON

No. 01-427.

45 P.3d 30 (2002)

2002 MT 67

STATE of Montana, Plaintiff and Respondent, v. Ted William CLAYTON, Defendant and Appellant.

Supreme Court of Montana.

Decided April 4, 2002.

Attorney(s) appearing for the Case

Lucas J. Foust, Foust Law Office, Bozeman, Montana, for Appellant.

Honorable Mike McGrath, Attorney General; Mark W. Mattioli, Assistant Attorney General, Helena, Montana, Marty Lambert, County Attorney; Gary Balaz, Deputy County Attorney, Bozeman, Montana, for Respondent.

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

¶ 1 Ted William Clayton (Clayton) was charged by information with the offenses of (1) Driving under the Influence of Alcohol (DUI) (fourth offense), a felony; (2) Obstructing a Peace Officer or other Public Servant, a misdemeanor; and (3) Driving while License Suspended or Revoked, a misdemeanor. Clayton filed a motion to suppress all evidence derived from his stop. The motion was denied and Clayton...

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