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STATE v. PRICE

No. 04-0691.

692 N.W.2d 1 (2005)

STATE of Iowa, Appellant, v. Richard Lee PRICE, Appellee.

Supreme Court of Iowa.

February 4, 2005.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Cris Douglass, Assistant Attorney General, and Darin J. Raymond, County Attorney, for appellant.

Scott L. Bixenman of Murphy, Collins & Bixenman, P.L.C., Le Mars, for appellee.

CADY, Justice.

We granted discretionary review of an order by the district court granting a motion in limine to exclude the results of a breath alyzer from a trial for operating while intoxicated. For the reasons that follow, we reverse the district court ruling and remand for further proceedings.

I. Background Facts and Proceedings

On August 18, 2003, an officer of the Le Mars Police Department stopped Richard Lee Price for illegal passing. The...

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