ANDERSON v. STATE

No. DA 06-0277.

168 P.3d 1042 (2007)

2007 MT 225

John William ANDERSON, Petitioner and Appellant, v. STATE of Montana, Respondent and Respondent.

Supreme Court of Montana.

Decided September 11, 2007.


Attorney(s) appearing for the Case

For Appellant: Jeremy S. Yellin, Havre, Montana.

For Respondent: Honorable Mike McGrath, Attorney General; C. Mark Fowler, Assistant Attorney General, Helena, Montana, Merle Raph, County Attorney, Shelby, Montana.


Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Appellant John William Anderson (Anderson) was arrested for driving under the influence of alcohol (DUI). Anderson was convicted of DUI in the Ninth Judicial District Court, Toole County, then filed a petition seeking reinstatement of his driver's license, pursuant to § 61-8-403(1), MCA. Anderson asserted that his refusal to submit to a breathalyzer test could not be the basis for the State's seizure...

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