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STATE, CITY OF BOZEMAN v. PETERSON

No. 87-21.

739 P.2d 958 (1987)

STATE of Montana, CITY OF BOZEMAN, Plaintiff and Respondent, v. Robert PETERSON, Defendant and Appellant.

Supreme Court of Montana.

Decided July 20, 1987.

Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., Dorothy McCarter, Asst. Atty. Gen., Helena, and Bruce Becker, Bozeman City Atty., Bozeman, for plaintiff and respondent.

Larry Jent, Bozeman, for defendant and appellant.

SHEEHY, Justice.

Defendant was convicted of driving under the influence of alcohol by the District Court, Eighteenth Judicial District, Gallatin County. We reverse and dismiss the judgment of the District Court.

At approximately 2:00 a.m., on March 23, 1985, Robert D. Peterson was arrested in Bozeman, Montana, for driving under the influence of alcohol. He made a motion to dismiss in Bozeman City Court on the grounds that the arresting officer refused to allow...

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