State v. Gelvin

McInturff, A.C.J.

David Gelvin was convicted in district court of driving while under the influence of alcohol and resisting arrest. He successfully appealed his motion to exclude testimony as to contents of a videotape; the Breathalyzer result was suppressed because the implied consent warnings also were given during the taping procedure. We granted discretionary review of the superior court order of remand. The State contends both the testimony and the Breathalyzer result were admissible even though the tape itself had been suppressed; it has not assigned error to the suppression of the…