State v. Schmidt

SILAK, Judge.

This is an appeal by William James Schmidt from an appellate decision of the district court reversing a magistrate’s orders suppressing evidence and dismissing a citation for driving under the influence of alcohol. For the reasons stated below, we uphold the decision of the district court reversing the orders of the magistrate.

The underlying facts may be stated briefly. A police officer stopped Schmidt after Schmidt drove his car through a red light. The officer smelled alcohol on Schmidt’s breath. After Schmidt failed field sobriety tests, the officer took him to the police…