Fitzgerald v. State

Summary

The Montana Supreme Court affirmed the denial of Mary Fitzgerald’s petition to reinstate her driver’s license following its suspension for refusing field sobriety and breath alcohol testing after a DUI arrest. The court held that the appeal was without merit because sufficient evidence supported the district court’s findings and the district court correctly applied settled Montana law.

Holdings

1. The District Court correctly denied Fitzgerald's petition because the record contained sufficient evidence to support its findings and the court correctly applied settled Montana law.

Questions Presented

1. Whether the District Court properly denied Fitzgerald's petition to reinstate her driver's license under § 61-8-403, MCA (2007).
2. Whether the record supported the lawfulness of the stop and arrest and the officer's handling of Fitzgerald's request to read the implied-consent advisory.

Disposition

affirmed