State v. Hagen

OPINION

RANDALL, Judge.

Scott Hagen was stopped after police observed him driving erratically. Hagen was charged with driving while intoxicated (DWI) and refusing to submit to testing. After a ferial by jury, he was acquitted of the DWI charge, but convicted of refusing to submit to testing. Hagen appeals, arguing the officer used improper procedures in directing him to submit to testing.

FACTS

On August 4, 1993, Lyon County Sheriff’s Deputy Mark Mathers stopped Hagen after Mathers observed him almost hit the curb and cross over the center line and fog line. Deputy Ron Stephens arrived on the…