State v. Preece

OPINION

ORME, Judge:

Defendant Boyd Lee Preece appeals his bench trial convictions for driving with a breath alcohol concentration greater than .08 grams, a class B misdemeanor, in violation of Utah Code Ann. § 41-6-44(2)(a)(i) (Supp. 1998); 1 possession of an open alcoholic beverage container in a motor vehicle, a class C misdemeanor, in violation of Utah Code Ann. § 41-6-44.20(2) (1993); and unsafe lane change, a class C misdemeanor, in violation of Utah Code Ann. § 41-6-69(l)(a) (1993). We affirm in part, reverse in part, and remand.

BACKGROUND

In reviewing the denial of a motion to suppress,…