(DOWNLOAD) "Spring Locey and Dawn Locey v. Farmers" by Court of Appeals of Idaho * eBook PDF Kindle ePub Free
eBook details
- Title: Spring Locey and Dawn Locey v. Farmers
- Author : Court of Appeals of Idaho
- Release Date : January 18, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
In August of 1993, Robert Mills was arrested and charged with driving under the influence of alcohol (DUI) pursuant to I.C. § 18-8004. After his arrest, Mills submitted to a breath testing procedure whereby two breath samples were taken to measure his blood alcohol concentration (BAC) level. The BAC level was 0.10 for the first sample and 0.09 for the second sample. Before trial, Mills moved to dismiss the case, arguing that the result of his breath test showed a BAC level of less than 0.10, and contended that I.C. § 18-8004(2) precluded the state from prosecuting him for DUI. The magistrate denied the motion, and the jury found Mills guilty of DUI. Mills appealed to the district court from the judgment of conviction, challenging the magistrates order denying his motion for dismissal. The district court reversed the magistrates order, holding that if either sample taken for the breath test fell below 0.10, the person tested could not be prosecuted. The state now appeals from the district courts appellate decision and order. For the reasons stated below, we likewise conclude that the magistrates order denying the motion to dismiss should be reversed.