State v. Woods

Anthony J. Woods (Woods) appeals from the Judgment and Order of Conviction entered by the Eleventh Judicial District Court, Flathead County, on a jury verdict finding him guilty of operating a vehicle with an alcohol concentration of .10 or more. We reverse.

The dispositive issue on appeal is whether the District Court abused its discretion in admitting breath test evidence over Woods’ objection that a proper foundation was not established and, on that basis, erred in denying his motion to dismiss the charge.

Woods originally was charged in the Justice Court of Flathead County with violating §…