Gentry v. State, Dept. of Justice

James Gentry appeals from the order of the Seventh Judicial District Court, Dawson County, denying his petition to challenge the suspension of his driving privileges for refusing to submit to a breathalyzer test under Montana’s implied consent law. We affirm.

We address the following issues on appeal:

1. Did the District Court err in refusing to apply the “confusion doctrine?”

2. Did the District Court err in denying Gentry’s petition where the record discloses that a notary public was not present when the arresting officer signed the affidavit upon which the suspension was based?

BACKGROUND

James…