Legal Opinion

State v. Levanger

Montana Supreme Court

Decided March 17, 2015No. DA 14-0530PublishedCited by 4 opinions

1Opinion of the CourtChief Justice McGRATH

¶1 Douglas Wayne Levanger (“Levanger”) appeals from the District Court’s order denying his motion to exclude the Intoxilyzer 8000 breath test results. We affirm.

ISSUE

¶2 Whether the District Court abused its discretion when it denied Levanger’s motion to exclude the Intoxilyzer results.

BACKGROUND

¶3 On April 14,2013, Trooper Rehbein arrested Levanger on charges of driving under the influence of alcohol and placed him in handcuffs in the backseat of the patrol vehicle. Trooper Blaine Heavner accompanied Trooper Rehbein, who was on his last day of field-training status. At 8:40 a.m., the troopers…

2Cases cited3 opinions

  1. State v. FentonMontana Supreme Court · 1998
  2. State v. FlahertyMontana Supreme Court · 2005
  3. City of Missoula v. LyonsMontana Supreme Court · 2004

3Cited by4 opinions

  1. Brunette v. StateMontana Supreme Court · 2016
  2. State v. ForsytheMontana Supreme Court · 2017
  3. Brunette v. StateMontana Supreme Court · 2016
  4. State v. ForsytheMontana Supreme Court · 2017

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