State v. Lee

David Lee was cited with driving while under the influence of alcohol pursuant to § 61-8-401, MCA, on April 30, 1995. After a hearing, the Valley County Justice Court denied Lee’s motion to suppress evidence of the arresting officer’s field observations and subsequent breathalyzer test result and found Lee guilty. Lee appealed this determination to the District Court. Prior to trial at the District Court, Lee again moved to suppress this evidence. The Seventeenth Judicial District Court, Valley County, denied Lee’s motion to suppress evidence due to lack of probable cause for the stop,…