State ex rel. Ward v. Schmall

This is an appeal from a final civil judgment of the Gallatin County District Court.

This case originated as a criminal cause in the Justice of the Peace Court of Norma Schmall. Relator, Robin DeWayne Ward, was arrested on March 31, 1979, for driving while intoxicated. Ward refused to take a chemical test and initiated a constitutional challenge to section 61-8-404(2), MCA, which automatically approves the admission into evidence of the fact that a defendant refused to submit to a chemical examination. Ward filed a civil petition in the District Court for a writ of supervisory control, Writ of…