IN RE LICENSE SUSPENSION OF CYBULSKI

No. DA 07-0173.

183 P.3d 39 (2008)

2008 MT 128

In re the LICENSE SUSPENSION OF Beverly Sampson CYBULSKI.

Supreme Court of Montana.

Decided April 21, 2008.


Attorney(s) appearing for the Case

For Appellant: Honorable Mike McGrath, Attorney General, Brenda G. Nordlund; Assistant Attorney General, Helena, Montana, Wyatt A. Glade; County Attorney, Miles City, Montana.

For Appellee: A. Lance Tonn; Lucas & Tonn, P.C., Miles City, Montana.


Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 The State appeals the District Court's order reinstating Beverly Cybulski's driver's license. We reverse.

¶ 2 We restate the issue as follows:

¶ 3 Did the District Court err by granting Cybulski's petition to reinstate her driving privileges?

BACKGROUND

¶ 4 At about 11:25 p.m. on August 21, 2006, Dispatcher Lyne Anderson of Miles City...

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