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STATE v. SCHULKE

No. 04-094.

109 P.3d 744 (2005)

2005 MT 77

326 Mont. 390

STATE of Montana, Plaintiff and Respondent, v. Thomas W. SCHULKE, Defendant and Appellant.

Supreme Court of Montana.

Decided March 29, 2005.

Attorney(s) appearing for the Case

For Appellant: Steve Fletcher, Bulman Law Associates, P.L.L.C., Missoula, Montana.

For Respondent: Mike McGrath, Attorney General; Jennifer Anders, Assistant Attorney General, Helena, Montana Fred Van Valkenburg, Missoula County Attorney, Missoula, Montana.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 On March 28, 2003, law enforcement cited Thomas W. Schulke (Schulke) for operating a vehicle while under the influence of alcohol (DUI) in violation of § 61-8-401, MCA, and possession of alcohol while under the age of 21 in violation of § 45-5-624, MCA. Schulke filed a motion to suppress and dismiss. The Justice Court denied this motion and Schulke pled guilty pursuant to a

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