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STATE v. JOHNSTON

No. DA 11-0127.

258 P.3d 417 (2011)

2011 MT 184

STATE of Montana, Plaintiff and Appellant, v. Gavin JOHNSTON, Defendant and Appellee.

Supreme Court of Montana.

Decided August 2, 2011.

Attorney(s) appearing for the Case

For Appellant: Steve Bullock , Montana Attorney General;, Matthew T. Cochenour , Assistant Attorney General, Helena, Montana, Thomas P. Meissner; , Fergus County Attorney, Lewistown, Montana.

For Appellee: Craig R. Buehler; , Attorney at Law, Lewistown, Montana.

Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 This is an appeal by the State of Montana pursuant to § 46-20-103, MCA, from the District Court's order suppressing the results of a breath test in a prosecution for driving under the influence of alcohol. We reverse.

BACKGROUND

¶ 2 Gavin Johnston was arrested for driving under the influence of alcohol on April 23, 2010. Johnston provided a sample of his breath to test...

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