Hawman v. State Ex Rel. Beckstrom

¶ 1 Appellant Micky Hawman was arrested for driving under the influence of alcohol on November 21, 1996. The arresting officer read him the implied consent law. Hawman refused to take a breath test and his license was seized pursuant to § 61-8-402(4), MCA. The following evening, the officer gave Mr. Hawman notification of the suspension of his driving license privileges. The officer did not issue a five-day driving permit under § 61-8-402(5), MCA.

¶2 Hawman filed a petition in District Court pursuant to § 61-8-403, MCA. The District Court denied his petition and he appealed to this Court. We…