Legal Opinion · Concurrence

Platz v. State, Transportation Department

Idaho Court of Appeals

Decided June 6, 2013No. 39805/39806Published

1Concurrence

Judge MELANSON,

specially concurring.

I fully concur. I write separately to express my view regarding observance of the fifteen-minute monitoring period prior to administering the test to determine breath alcohol concentration. Pursuant to I.C. § 18-8004(4), the Idaho State Police are charged with promulgating standards for administering tests for breath alcohol content. The Idaho State Police Standard Operating Procedure (SOP) for breath alcohol testing provides that the subject should be monitored for at least fifteen minutes prior to adminis*974tering the test. During that time the subject…

2Cases cited4 opinions

  1. State v. CarsonIdaho Court of Appeals · 1999
  2. Bennett v. State, Department of TransportationIdaho Court of Appeals · 2009
  3. State v. DeFrancoIdaho Court of Appeals · 2006
  4. Wilkinson v. State, Department of TransportationIdaho Court of Appeals · 2011

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