State v. Nichols

BURNETT, Judge.

This appeal presents three issues: (1) Does the repeal of a penal statute, when accompanied by enactment of a modified statute, terminate a pending prosecution under the old statute? (2) Does the speedy trial provision of I.C. § 19-3501, as it existed in 1983, apply to a misdemeanor case? (3) Does Idaho’s “implied consent” law, which at times pertinent to this case required motorists to take “chemical” tests of their blood-alcohol content, authorize a test using infrared light energy rather than chemicals? These issues are raised by Edwin Nichols, who stands convicted in the…