Eustance v. State

¶1 The State of Montana (State) appeals from the judgment entered by the Eighth Judicial District Court, Cascade County, on its order granting the petition filed by Russ C. Eustance (Eustance) requesting reinstatement of his driver’s license. We affirm.

¶2 The sole issue on appeal is whether the District Court erred in granting Eustance’s petition to reinstate his driver’s license.

BACKGROUND

¶3 On the evening of March 24, 2004, Cascade County Sheriffs Deputy Scott Wagner (Wagner) arrested Eustance for driving under the influence of alcohol (DUI). During the arrest procedure, Eustance refused to…