State, City of Bozeman v. Peterson

Defendant was convicted of driving under the influence of alcohol by the District Court, Eighteenth Judicial District, Gallatin County. We reverse and dismiss the judgment of the District Court.

At approximately 2:00 a.m., on March 23, 1985, Robert D. Peterson was arrested in Bozeman, Montana, for driving under the influence of alcohol. He made a motion to dismiss in Bozeman City Court on the grounds that the arresting officer refused to allow him to take a blood test. The City Court denied the motion and Peterson pled guilty on June 25, 1985. The same day, Peterson filed a notice of appeal to…