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STATE v. NEIL

No. DA 08-0436.

207 P.3d 296 (2009)

2009 MT 128

350 Mont. 268

STATE of Montana, Plaintiff and Appellee, v. Shawn Michael NEIL, Defendant and Appellant.

Supreme Court of Montana.

Decided April 14, 2009.

Attorney(s) appearing for the Case

For Appellant: Brad L. Arndorfer, Arndorfer Law Firm, P.C., Billings, Montana.

For Appellee: Hon. Steve Bullock, Montana Attorney General, Mardell Ployhar, Assistant Attorney General, Helena, Montana, Dennis Paxinos, Yellowstone County Attorney, David Carter, Deputy County Attorney, Billings, Montana.

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

¶ 1 Shawn Michael Neil (Neil) appeals from his felony conviction for driving a motor vehicle under the influence of alcohol or drugs (DUI) in the Thirteenth Judicial District Court, Yellowstone County. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 At approximately 2:00 a.m. on May 25, 2007, Deputy J. Ellis (Deputy Ellis) of the Yellowstone County Sheriff's Office was driving...

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