STATE v. INCASHOLA

No. 98-114.

961 P.2d 745 (1998)

1998 MT 184

STATE of Montana, Plaintiff and Appellant, v. Damon INCASHOLA, Defendant and Respondent.

Supreme Court of Montana.

Decided July 23, 1998.


Attorney(s) appearing for the Case

Joseph P. Mazurek, Attorney General, Jennifer Anders, Assistant Attorney General, Helena, Kim Christopher, Lake County Attorney, Robert J. Long, Deputy Lake County Attorney, Polson, for Appellant.

Rebecca T. Dupuis, C. Edward Hayes, Polson, for Respondent.


Gray, Justice.

¶ 1 The State of Montana (State) appeals from the order of the Twentieth Judicial District Court, Lake County, granting Damon Incashola's motion in limine. We reverse and remand.

¶ 2 The sole issue on appeal is whether the District Court abused its discretion in suppressing breath test evidence based on its interpretation of an administrative rule.

¶ 3 Flathead Tribal Police Officer Dwayne Vollin (Officer Vollin...

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