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STATE v. TOTH

No. 02-644.

75 P.3d 323 (2003)

2003 MT 208

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

Supreme Court of Montana.

Decided August 12, 2003.

Attorney(s) appearing for the Case

Lucas J. Foust, Attorney at Law, Bozeman, Montana, for Appellant.

Mike McGrath, Attorney General; Micheal S. Wellenstein, Assistant Attorney General, Helena, Montana. Robert Zenker, Madison County Attorney, Virginia City, Montana, for Respondent.

Justice JIM REGNIER delivered the Opinion of the Court.

¶ 1 Following an arrest for driving under the influence of alcohol, Appellant Michael Toth moved the Fifth Judicial District Court, Madison County, to suppress the evidence obtained following a request for a preliminary breath test. Toth argued that the officer needed probable cause to request the preliminary breath test sample. The District Court denied Toth's motion, concluding that the officer needed...

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