In Re the License Revocation of Gildersleeve

The appellant, Jeffrey H. Gildersleeve, petitioned the District Court for the Fourth Judicial District in Missoula County for a hearing at which to consider reinstatement of his motor vehicle operator’s license pursuant to § 61-8-403, MCA. After hearings, the District Court upheld the revocation. Gildersleeve appeals. We reverse the judgment of the District Court and remand this case to the District Court for proceedings consistent with this opinion.

The following issues are presented on appeal:

1. Did the District Court err when it concluded that Gildersleeve refused to submit to testing…