State v. DeFranco

LANSING, Judge.

Roy Richard DeFranco appeals from his judgment of conviction for misdemeanor driving under the influence (DUI). The issue presented on this appeal is whether the prosecution presented an adequate foundation for the admission of breath test results by showing that the officer adequately performed the required fifteen-minute monitoring of the defendant before administering the test. The magistrate denied DeFranco’s motion in limine seeking to exclude evidence of the breath test and, on intermediate appeal, the district court affirmed. We reverse the denial of DeFranco’s motion in…