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STATE EX REL. WARD v. SCHMALL

No. 80-165.

617 P.2d 140 (1980)

STATE of Montana ex rel., Robin DeWayne WARD, Petitioner, v. Norma A. SCHMALL, Justice of the Peace for Gallatin County, Montana, Respondent.

Supreme Court of Montana.

Decided September 30, 1980.

Attorney(s) appearing for the Case

Goetz and Madden, James Goetz argued, Bozeman, for petitioner.

Mike Greely, Atty. Gen., Dennis Dunphy argued, Asst. Atty. Gen., Helena, Donald White, County Atty., Michael Lilly argued, Deputy County Atty., Bozeman, for respondent.

HARRISON, Justice.

This is an appeal from a final civil judgment of the Gallatin County District Court.

This case originated as a criminal cause in the Justice of the Peace Court of Norma Schmall. Relator, Robin DeWayne Ward, was arrested on March 31, 1979, for driving while intoxicated. Ward refused to take a chemical test and initiated a constitutional challenge to section 61-8-404(2), MCA, which automatically approves the admission into evidence of the...

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