CITY OF LAS VEGAS v. O'DONNELL

No. 15503.

686 P.2d 228 (1984)

CITY OF LAS VEGAS, Nevada, Petitioner, v. Thomas J. O'DONNELL, District Judge, Eighth Judicial District Court of the State of Nevada, Respondent.

Supreme Court of Nevada.

August 24, 1984.


Attorney(s) appearing for the Case

George F. Ogilvie, Jr., City Atty., and Mark Zalaoras, Deputy City Atty., Las Vegas, for petitioner.

Chris Maglaras, Jr., Las Vegas, for respondent.


OPINION

PER CURIAM:

David Furniss, real party in interest, was originally charged in a Las Vegas municipal court proceeding with one count of driving under the influence of intoxicating liquor in violation of NRS 484.379. Prior to trial, Furniss moved to have evidence of an intoxilyzer breath analysis test suppressed on the ground that the state had failed to preserve samples of his breath at the time of the testing. The motion was denied, and Furniss was...

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