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Legal Opinion

Hunter v. State

Montana Supreme Court

Decided March 1, 1994No. 93-514PublishedCited by 10 opinions

1Opinion of the CourtChief Justice Turnage

The driver’s license of Cheryl Rae Hunter was seized pursuant to § 61-8-402, MCA (1991), for refusal to submit to a blood alcohol concentration test. Hunter petitioned the District Court for the Fourth Judicial District, Missoula County, to reinstate her license on grounds that it was wrongly seized. The District Court denied her petition. We affirm.

We restate the issues as:

1. Did the District Court err in placing the burden upon Hunter to prove she was unable to take the breathilyzer test and in ruling that she did not meet her burden of proof?

2. Did the court err by failing to acknowledge a…

2Cases cited3 opinions

  1. Gaunt v. Motor Vehicle Div., Dept. of Transp.Court of Appeals of Arizona · 1983
  2. Johnson v. Division of Motor VehiclesMontana Supreme Court · 1985
  3. Maney v. MontanaMontana Supreme Court · 1992

3Cited by10 opinions

  1. Ditton v. Department of Justice Motor Vehicle DivisionMontana Supreme Court · 2014
  2. State v. BonvieSupreme Court of Vermont · 2007
  3. State v. BonvieSupreme Court of Vermont · 2007
  4. Gentry v. State, Dept. of JusticeMontana Supreme Court · 1997
  5. Wessell v. State, Dept. of JusticeMontana Supreme Court · 1996

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