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STATE v. TURBIVILLE

No. 02-037.

81 P.3d 475 (2003)

2003 MT 340

STATE of Montana, Plaintiff and Respondent, v. Larry TURBIVILLE, Defendant and Appellant.

Supreme Court of Montana.

Decided December 15, 2003.

Attorney(s) appearing for the Case

For Appellant: Gary R. Thomas, Thomas Law Office, Red Lodge, Montana.

For Respondent: Mike McGrath, Attorney General; Brenda Nordlund, Assistant Attorney General, Helena, Montana.

Albert R. Batterman, County Attorney, Baker, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Larry Turbiville (Turbiville), the holder of a North Dakota driver's license, was convicted in Fallon County Justice Court for driving a motor vehicle while under the influence of alcohol in violation of § 61-8-401, MCA (1997). Turbiville appealed his conviction to the Sixteenth Judicial District Court of Fallon County for a trial de novo and moved to suppress the evidence obtained from his...

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