City of Las Vegas v. O'DONNELL

OPINION

David Furniss, real party in interest, was originally charged in a Las Vegas municipal court proceeding with one count of driving under the influence of intoxicating liquor in violation of NRS 484.379. Prior to trial, Furniss moved to have evidence of an intoxilyzer breath analysis test suppressed on the ground that the state had failed to preserve samples of his breath at the time of the testing. The motion was denied, and Furniss was ultimately found guilty as charged.

Furniss then filed a notice of appeal from the judgment of conviction to the Eighth Judicial District Court-pursuant…