Neal v. State

¶1 Appellant Kent D. Neal (Neal) appeals from the order of the Twentieth Judicial District Court, Sanders County, in favor of Respondent State of Montana, denying Neal an award of costs following his successful challenge to the suspension of his driver’s license. We reverse and remand.

¶2 The sole issue on appeal is whether the District Court erred when it denied Neal’s request for costs.

FACTUAL AND PROCEDURAL BACKGROUND

¶3 On January 18, 2001, after being arrested for Driving Under the Influence (DUI), Neal’s driver’s license was suspended for refusing to take a breath test. On February 2,…