State v. Cantrell

WALTERS, Judge Pro Tem.

Derek Cantrell appeals from the order of the district court reversing the magistrate court’s decision suppressing the results of Cantrell’s blood alcohol concentration tests. He contends that his due process rights were violated by a delay in releasing him on bail, which resulted in his inability to obtain exculpatory evidence through independent blood alcohol concentration testing. We agree with the district court’s determination and hold that the magistrate erred by suppressing the evidence.

I

FACTUAL AND PROCEDURAL BACKGROUND

Cantrell was arrested at approximately 3:30…