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CITY OF MISSOULA v. ARMITAGE

No. DA 14-0024.

335 P.3d 736 (2014)

2014 MT 274

CITY OF MISSOULA, Plaintiff and Appellee, v. Amber ARMITAGE, Defendant and Appellant.

Supreme Court of Montana.

Decided October 9, 2014.

Attorney(s) appearing for the Case

For Appellant: Terry Wallace , Wallaw, Missoula, Montana.

For Appellee: Timothy C. Fox , Montana Attorney General, Micheal S. Wellenstein , Assistant Attorney General, Helena, Montana, Jim Nugent , Missoula City Attorney, Gary Hendricks , Deputy City Attorney, Missoula, Montana.

Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 Amber Armitage appeals from an order of the Fourth Judicial District Court, Missoula County, affirming a Municipal Court decision denying her motion to suppress the results of a breath alcohol test. We affirm.

¶ 2 We restate the following issues for review:

¶ 3 Issue One: Whether the City of Missoula has authority to enact ordinances creating a misdemeanor penalty...

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