State v. Frickey

¶1 Paula Frickey (Frickey) appeals from her conviction for driving under the influence in the Twenty-First Judicial District, Ravalli County. We reverse and remand for further proceedings.

¶2 We review whether the “annual” certification requirement of Rule 23.4.214(1), ARM, calls for breath analysis instruments to be laboratory certified once every 365 days or once each calendar year between January 1 and December 31.

FACTUAL AND PROCEDURAL BACKGROUND

¶3 Hamilton police officer Nic Painter (Painter) observed Frickey’s vehicle driving erratically in the early morning hours of April 28,2004.…