State v. Nickerson

This is an appeal from a judgment of conviction for driving under the influence of alcohol. The appellant contends that evidence against him should have been suppressed or excluded because the traffic stop that led to his arrest was unlawful and because a breath test was inadmissible for constitutional and foundational reasons. He also asserts that the statute under which his offense was elevated from a misdemeanor to a felony constitutes an ex post facto law as applied in this case.

On May 24, 1996, Idaho State Police Officer Daniel Damitio was in his patrol car with the window down about six…