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WIDDICOMBE v. STATE EX REL. LAFOND

No. 03-569.

85 P.3d 1271 (2004)

2004 MT 49

Ronald WIDDICOMBE, Petitioner and Appellant, v. STATE of Montana, ex rel., Mary LAFOND, Chief, Driver Improvement Bureau, Respondent and Respondent.

Supreme Court of Montana.

Decided March 2, 2004.

Attorney(s) appearing for the Case

For Appellant: Brad L. Arndorfer, Arndorfer Law Firm, P.C., Billings, Montana.

For Respondent: Richard Malagisi, County Attorney, Big Timber, Montana.

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

¶ 1 On the night of February 21, 2003, Ronald Widdicombe was stopped by the Montana Highway Patrol for suspicion of driving under the influence of alcohol. During the stop, Widdicombe participated in field tests, but refused to provide a breath sample on a preliminary breath test (PBT). He was arrested and again refused a breath test at the Sheriff's Department. His driver's license and driving privileges...

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