State v. Minkoff

¶26 In State v. Sidmore (1997), 286 Mont. 218, 951 P.2d 558, we specifically stated that in order to support an allegation of a violation of a defendant’s due process rights, two criteria must be met. First, the defendant must have timely claimed the right to an independent blood test. Second, a law enforcement officer must have “... unreasonably impeded the defendant’s right to obtain an independent blood test.” Sidmore, 286 Mont. at 234-35, 951 P.2d at 568-69. In my judgment, neither of these criteria have been satisfied here.

¶27 First, the Court admits that Minkoff did not timely claim the…