State v. Carson

LANSING, Judge.

The issue presented on this appeal is whether the prosecution presented an adequate foundation for the admission of breath test results where a portion of the required fifteen-minute observation of the defendant prior to administration of the test occurred while the defendant was being transported in a police car and the officer making the observation was driving the vehicle.

FACTS

Idaho State Police Officer Dave Miller arrested Steven Raymond Carson for driving under the influence of alcohol, Idaho Code § 18-8004, and transported him to the Payette County Sheriffs Department to…