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STATE v. DAMON

No. 04-294.

119 P.3d 1194 (2005)

328 Mont. 276

2005 MT 218

STATE of Montana, Plaintiff and Respondent, v. David DAMON, Defendant and Appellant.

Supreme Court of Montana.

Submitted May 10, 2005.

Decided September 6, 2005.

Attorney(s) appearing for the Case

For Appellant: Vince van der Hagen (argued), Public Defender, Great Falls, Montana.

For Respondent: Mike McGrath, Attorney General; John Paulson (argued), Assistant Attorney General, Helena, Montana, Brant Light, Cascade County Attorney; Marty Judnich, Deputy County Attorney, Great Falls, Montana.

For Amicus Curiae: Jeffrey T. Renz, Director, Criminal Defense Clinic, School of Law, Missoula, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 We once again address the issue of whether the State may admit the results of a defendant's Preliminary Breath Test (PBT) as substantive evidence at trial. We earlier held in State v. Strizich (1997), 286 Mont. 1, 952 P.2d 1365, State v. Weldele, 2003 MT 117, 315 Mont. 452, 69 P.3d 1162, and State v. Snell, 2004...

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