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STATE v. HARDESTY

No. 26818.

39 P.3d 647 (2002)

136 Idaho 707

STATE of Idaho, Plaintiff-Respondent, v. James Charles HARDESTY, Defendant-Appellant.

Court of Appeals of Idaho.

January 10, 2002.

Attorney(s) appearing for the Case

Coffel Law Offices, P.C., Nampa, for appellant. Alan J. Coffel argued.

Hon. Alan G. Lance, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent. Lori A. Fleming argued.

PERRY, Judge.

James C. Hardesty appeals from the district court's appellate decision reversing the magistrate's order granting Hardesty's motion to present expert testimony. We affirm.

I.

FACTS AND PROCEDURE

Hardesty was charged with driving under the influence of alcohol (DUI), I.C. § 18-8004(1)(a), after his breath test indicated .15 percent and .14 percent breath alcohol concentration. The state alleged that Hardesty was driving...

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