State v. Flaherty

¶ 1 Patrick Eugene Flaherty appeals from a Decision and Order of the Montana First Judicial District Court denying his motion to suppress the results of an Intoxilyzer 5000 breath test. We affirm.

ISSUE

¶2 Did the District Court abuse its discretion when it denied Flaherty’s motion to suppress the results of the Intoxilyzer 5000 test?

FACTUAL AND PROCEDURAL BACKGROUND

¶3 On February 22,2003, at approximately 2:00 a.m., Helena Police Officer Derek Wakefield observed a vehicle stopped partially in the roadway with its brake lights engaged. Wakefield discovered Flaherty behind the wheel, apparently…