Legal Opinion

Anderson v. State

Montana Supreme Court

Decided September 11, 2007No. DA 06-0277PublishedCited by 2 opinions

1Opinion of the CourtJustice Rice

¶1 Appellant John William Anderson (Anderson) was arrested for driving under the influence of alcohol (DUI). Anderson was convicted of DUI in the Ninth Judicial District Court, Toole County, then filed a petition seeking reinstatement of his driver’s license, pursuant to § 61-8-403(1), MCA. Anderson asserted that his refusal to submit to a breathalyzer test could not be the basis for the State’s seizure of his driver’s license because the implied consent advisory was read to him incorrectly. The District Court entered an order denying Anderson’s petition. We affirm.

¶2 Did the District Court…

2Cases cited3 opinions

  1. State v. SimmonsMontana Supreme Court · 2000
  2. City of Missoula v. FergunsonMontana Supreme Court · 2001
  3. Ellenburg v. Montana Department of JusticeMontana Supreme Court · 1996

3Cited by2 opinions

  1. Anderson v. StateMontana Supreme Court · 2007
  2. Vallejo v. StateMontana Supreme Court · 2020

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