Bush v. Montana Department of Justice

¶1 Brian W. Bush (hereinafter Bush) appeals the ruling of the Sixteenth Judicial District Court, Custer County, denying his petition for reinstatement of his driver’s license. We reverse.

ISSUE

¶2 Did the District Court err in denying Bush’s petition for reinstatement of his driver’s license under § 61-8-403, MCA?

BACKGROUND

¶3 On April 4,1997, at approximately 9:30 p.m., Deputy Sheriff David Power observed a set of swerving car tracks on the highway and followed them to a car stopped in a borrow pit off the shoulder of the road. It was snowing that evening and the highway was covered with a…