City of Missoula v. Lyons

¶1 Jessica R. Lyons appeals from a denial of her appeal to the District Court on her motion to suppress. We affirm.

¶2 We restate the issues on appeal as:

¶3 May this Court consult the recording of the evidentiary hearing in the Municipal Court regarding Lyons’s BAC test results?

¶4 Did the District Court err in upholding the Municipal Court’s finding that the Intoxilyzer 5000 was properly administered?

FACTUAL AND PROCEDURAL BACKGROUND

¶5 On August 30, 2002, in the wee hours of the morning, Missoula Police Department Officer Bob Bouchee transported Jessica R. Lyons from the scene of a car…