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STATE v. FREGIEN

No. 04-830.

127 P.3d 1048 (2006)

2006 MT 18

331 Mont. 18

STATE of Montana, Plaintiff and Respondent, v. Russell Melvin FREGIEN, Defendant and Appellant.

Supreme Court of Montana.

Decided January 24, 2006.

Attorney(s) appearing for the Case

For Appellant: Karl Knuchel, Attorney at Law, Livingston, Montana.

For Respondent: Honorable Mike McGrath, Attorney General; Joslyn M. Hunt, Assistant Attorney General, Helena, Montana, Marty Lambert, County Attorney; Eric N. Kitzmiller, Deputy County Attorney, Bozeman, Montana.

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

¶ 1 The State charged Russell Melvin Fregien by information in the Eighteenth Judicial District Court, Gallatin County, with one felony count of Driving Under the Influence of Alcohol (fourth or subsequent offense) in violation of § 61-8-401, MCA, and with one misdemeanor count of Driving Without a Valid Driver's License, in violation of § 61-5-102, MCA. Fregien pled not guilty and moved...

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