State v. Hopkins

SWANSTROM, Judge.

A jury convicted Kenneth Hopkins of driving under the influence. During the trial, Hopkins attempted to qualify a witness to testify as an expert regarding the Intoximeter 3000, a device used to analyze blood alcohol concentration by sampling a person’s breath. The magistrate determined that the witness was not qualified to testify as an expert concerning this machine, but that he could testify as an expert on other matters. The district court affirmed the decision on appeal. The sole question presented here is whether the magistrate abused his discretion in refusing to…