Legal Opinion
State v. Diaz
Idaho Supreme Court
Decided March 29, 2007No. 32422PublishedCited by 55 opinions
1Opinion of the Court
JONES, Justice.
Appellant Benito Diaz entered a conditional guilty plea to a felony charge of driving under the influence (DUI). Diaz had moved to suppress the results of a blood alcohol content (BAC) test, claiming that a “forced” blood draw violated his constitutional rights. The district court denied his motion. We affirm.
I
On April 9, 2005, Officer Scott Montgomery stopped a red Ford Mustang on Highway 30 in Buhl for erratic driving. The driver was later identified as Diaz. Montgomery noticed that Diaz’s eyes were bloodshot and glassy and that his speech was slurred. After reviewing his…
2Cases cited11 opinions
- Graham v. ConnorSupreme Court of the United States · 1989
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- State v. ZichkoIdaho Supreme Court · 1996
- State v. WooleryIdaho Supreme Court · 1989
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3Cited by55 opinions
- State v. Micah Abraham WulffIdaho Supreme Court · 2014
- State v. PurdumIdaho Supreme Court · 2009
- State v. DraperIdaho Supreme Court · 2011
- State v. JeskeIdaho Supreme Court · 2019
- State v. DeWittIdaho Court of Appeals · 2008
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