STATE v. GLEASON

No. 19388.

844 P.2d 691 (1992)

123 Idaho 62

STATE of Idaho, Plaintiff-Respondent, v. Danny R. GLEASON, Defendant-Appellant.

Supreme Court of Idaho, Coeur D'Alene, October 1992 Term.

December 22, 1992.


Attorney(s) appearing for the Case

Frederick G. Loats, Coeur d'Alene, for defendant-appellant.

Larry EchoHawk, Atty. Gen. and Michael J. Kane, Chief, Criminal Div., argued, Boise, for plaintiff-respondent.


McDEVITT, Justice.

STATEMENT OF THE CASE

Defendant was arrested and charged by a Uniform Traffic Citation with having "operated a motor vehicle while under the influence of alcohol and/or with a Blood Alcohol Content of .10% or above" in violation of I.C. § 18-8004, on August 29, 1988. Defendant pled "not guilty" and a trial was held before a jury on June 15, 1989.

In the early morning hours of August 29, 1988, Officer Alex Carrington noticed...

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