State v. Utz

WALTERS, Chief Judge.

Roger Utz entered a conditional plea of guilty to misdemeanor DUI, expressly reserving the right to appeal the magistrate’s denial of his motion in limine to exclude the results of his breath test. Utz appealed to the district court, which entered an order affirming the magistrate’s decision. On further appeal to this Court, we reverse the magistrate’s decision, and remand the case for further proceedings.

Facts and Procedural Background.

Utz was arrested for driving under the influence (DUI) and transported to the Kootenai County Sheriffs office. At that office, the…