State v. Stanley

The defendant appeals from his judgment of conviction in the district court for driving while under the influence of intoxicants. The issues on appeal flow from a claim of prejudice based on the jury’s knowledge of a breathalyzer test administered to the defendant at the time of his arrest, the result of which was excluded from evidence on defendant’s objection.

Defendant first assigns as error the denial of his motions to determine the admissibility of the breathalyzer evidence in camera. He next assigns as error the denial of his motion for mistrial immediately following the sustaining of…