State v. Mazzuca

PERRY, Chief Judge.

Joseph K. Mazzuca appeals from the district court’s appellate decision which affirmed the magistrate’s denial of Mazzuca’s motion in limine. Mazzuca contends that the magistrate erred when it denied his pretrial motion in limine to exclude the breathalyser test results for lack of foundation. We affirm.

I

FACTS AND PROCEDURE

A Coeur d’Alene police officer arrested Mazzuca, believing him to be driving under the influence of alcohol (DUI). The officer transported Mazzuca to the police station and administered the Intoxilyzer 5000 breathalyser test. The officer instructed Mazzuca…