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STATE v. BRANDER

No. 03-700.

92 P.3d 1173 (2004)

2004 MT 150

STATE of Montana, Plaintiff and Respondent, v. Jerry Walter BRANDER, Defendant and Appellant.

Supreme Court of Montana.

Decided June 11, 2004.

Attorney(s) appearing for the Case

For Appellant: Edmund D. Sheehy, Jr., Cannon and Sheehy, Helena, Montana.

For Respondent: Honorable Mike McGrath, Attorney General; Jennifer Anders, Assistant Attorney General, Helena, Montana. Christopher G. Miller, County Attorney, Deer Lodge, Montana.

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

¶ 1 On the Powell County side of McDonald Pass, Jerry Brander was arrested for driving under the influence of alcohol or drugs. He was subsequently charged with felony driving under the influence of alcohol or drugs; misdemeanor habitual traffic offender operating a motor vehicle; and misdemeanor careless driving. After entering a plea of not guilty, Brander...

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