State v. Lutton

Lawrence R. Lutton appeals from the district court’s order withholding judgment for vehicular manslaughter. Specifically, he argues the district court erred in denying Lut-ton’s motion to suppress evidence of his blood alcohol content. We affirm.

I

FACTUAL AND PROCEDURAL BACKGROUND

At around 9 p.m., after enjoying a day at the reservón* with his children and some friends, Lutton began the drive back to town. Lutton drove his sons, ages two and four, in Luttoris two-wheel drive vehicle, following behind his friend’s vehicle. At some point on the dirt road leading to the highway, Lutton hit…