Horton v. State

The Department of Justice, Motor Vehicle Division (division) re voked for one year the driver’s license of Gerald Lee Horton (petitioner). On appeal, the Yellowstone County District Court affirmed the one year revocation. Petitioner now appeals to this Court contending the suspension should have been for six months. We affirm.

The issues are:

1. Does Section 61-5-208(2), MCA, require a one year license revocation when an individual incurs a blood alcohol concentration (BAC) violation within five years of a driving under the influence (DUI) violation?

2. Is Section 61-5-208(2), MCA, void for…