City of Bismarck v. Preston

VANDE WALLE, Justice.

This action involves the admission of evidence of an alcohol breath test at a court trial. The lower court admitted the test result as circumstantial evidence of Roy Preston’s intoxication, and Preston takes exception to the use of the evidence. We affirm.

On April .19, 1984, at approximately 8 p.m., Joseph and Vicky Mills observed Roy Preston operating his vehicle in an erratic and dangerous manner. Preston backed into the Millses’ vehicle, causing minimal damage. After a short conversation with Joseph Mills, Preston left the scene. The Millses then left the area and,…