Wessell v. State, Dept. of Justice

Ricky Lawrence Wessell’s driver’s license was seized and his driving privileges were suspended pursuant to § 61-8-402, MCA, Montana’s implied consent law. Wessell petitioned the District Cotut for the Seventh Judicial District, Dawson County, to reinstate his license on the grounds that it was wrongly seized. The District Court denied the petition. We reverse.

The issue on appeal is whether the District Court erred when it concluded that Wessell had refused to submit to a test for alcohol and therefore denied his petition challenging the suspension of his driving privileges pursuant to §…