STATE v. REMSBURG

No. 20874.

882 P.2d 993 (1994)

126 Idaho 338

STATE of Idaho, Plaintiff-Respondent, v. Dawn M. REMSBURG, Defendant-Appellant.

Court of Appeals of Idaho.

October 6, 1994.


Attorney(s) appearing for the Case

Danny J. Radakovich, Lewiston, argued for appellant.

Larry EchoHawk, Atty. Gen., Douglas A. Werth, Deputy Atty. Gen., Boise, for respondent. Douglas A. Werth argued.


PER CURIAM.

In this case we address what it means to "closely" observe a subject for fifteen minutes prior to administering the Intoximeter 3000 breath test. Our conclusion upholds the district court's reversal, on an intermediate appeal, of a magistrate's order suppressing the use of the test results in a criminal prosecution for driving while under the influence.

I.

FACTS AND PROCEDURAL BACKGROUND

On March 1, 1992, Patrol Officer Phillip...

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