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STATE v. FLAHERTY

No. 04-273.

112 P.3d 1033 (2005)

2005 MT 122

327 Mont. 168

STATE of Montana, Plaintiff and Respondent, v. Patrick Eugene FLAHERTY, Defendant and Appellant.

Supreme Court of Montana.

Decided May 17, 2005.

Attorney(s) appearing for the Case

For Appellant: Wendy Holton, Helena, Montana.

For Respondent: Mike McGrath, Montana Attorney General, Mark W. Mattioli, Assistant Attorney General, Helena, Montana; Robert J. Wood, Assistant City Attorney, Helena, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Patrick Eugene Flaherty appeals from a Decision and Order of the Montana First Judicial District Court denying his motion to suppress the results of an Intoxilyzer 5000 breath test. We affirm.

ISSUE

¶ 2 Did the District Court abuse its discretion when it denied Flaherty's motion to suppress the results of the Intoxilyzer 5000 test?

FACTUAL AND PROCEDURAL BACKGROUND...

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