City of Langdon v. Delvo

LEVINE, Justice.

In this appeal from a jury verdict finding Jon David Delvo guilty of driving while under the influence (DUI), we conclude that the trial court did not err in admitting into evidence intoxilyzer test results, or in refusing to submit to the jury the question of probable cause.

At 6:45 a.m., while returning from a graduation party, Delvo fell asleep at the wheel and collided with the rear end of another vehicle. Delvo transported the other driver to the hospital and returned to the accident scene where Langdon police officer Platz was investigating the accident. After Delvo…