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STATE v. CLEARY

No. DA 11-0650.

278 P.3d 1020 (2012)

2012 MT 113

STATE of Montana, Plaintiff and Appellee, v. William Dennis CLEARY, Defendant and Appellant.

Supreme Court of Montana.

Decided May 29, 2012.

Attorney(s) appearing for the Case

For Appellant: Bradley J. Finn , Attorney at Law, Billings, Montana.

For Appellee: Steve Bullock , Montana Attorney General, Jonathan M. Krauss , Assistant Attorney General, Helena, Montana, Scott Twito , Yellowstone County Attorney, Victoria Callendar , Deputy County Attorney, Billings, Montana.

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

¶ 1 On September 25, 2009, while driving his motorcycle in Yellowstone County, William Dennis Cleary struck a deer. Cleary was transported to the hospital, where a consensual blood alcohol content test revealed a BAC of .18. On March 26, 2010, the State of Montana filed an Information charging Cleary with felony Driving a Motor Vehicle Under the Influence of Alcohol or Drugs (DUI). The felony charges...

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