Feeley v. State

OPINION OF THE COURT

ROBERT W. TYSON, JR., Circuit Judge.

*164Appellant was convicted of driving while under the influence of an alcoholic beverage. He appeals the judgment and sentence imposed thereon and contends that the trial court erred in denying his motion in limine, which sought to preclude the State from using a breathalyzer test result at trial, on the ground that he had only been given one breath test and the H.R.S. rules at the time of trial required two breathalyzer tests.

This Court finds that the trial court properly denied Appellant’s motion in limine, rejecting Appellant’s argument…