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NICHOLS v. DEPARTMENT OF JUSTICE

No. DA 10-0175.

248 P.3d 813 (2011)

2011 MT 33

359 Mont. 251

Penny Ann NICHOLS, Petitioner and Appellant, v. The DEPARTMENT OF JUSTICE, DRIVER'S LICENSE BUREAU, Respondent and Appellee.

Supreme Court of Montana.

Decided March 1, 2011.

Attorney(s) appearing for the Case

For Appellant: Bryan Charles Tipp and Brett D. Schandelson , Tipp & Buley, P.C., Missoula, Montana.

For Appellee: Steve Bullock , Montana Attorney General; Matthew T. Cochenour , Assistant Attorney General, Helena, Montana, Fred Van Valkenburg , Missoula County Attorney; Susan E. Boylan , Deputy County Attorney, Missoula, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Penny Nichols (Nichols) appeals from the order of the Fourth Judicial District Court, Missoula County, denying her petition to set aside the Department of Justice's (DOJ) suspension of her driver's license pursuant to § 61-2-402, MCA. We affirm.

¶ 2 We consider the following issue on appeal:

¶ 3 Does the DOJ's suspension of Nichols's driver's license pursuant to §...

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