Idaho v. Svelmoe
Annotate this CaseAppellant Troy Svelmoe was convicted by jury of felony driving under the influence (DUI). Svelmoe was pulled over in Post Falls for vehicle equipment violations. The officer suspected that Svelmoe was driving under the influence and asked Svelmoe to perform three field sobriety tests. Svelmoe failed two of the tests and was placed under arrest. At the preliminary hearing, the State did not present the results of the breath tests, and the magistrate judge dismissed the complaint for lack of probable cause to support the charge. The prosecution then refiled the criminal complaint and introduced the results of the breath tests at a second preliminary hearing. The judge concluded that the prosecution presented substantial evidence to support the charge. At the district court, Svelmoe filed a motion to dismiss the DUI charge, a motion to suppress the breath test results, and a motion in limine to exclude the breath test results. The district court denied all three of Svelmoe’s motions, and the matter proceeded to trial. Svelmoe appealed, challenging the district court’s denial of his pretrial motions. Finding that the district court erred in denying Svelmoe's motion in limine and in admitting the breath test result, the Idaho Supreme Court vacated the conviction and remanded this case for further proceedings.
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