STATE v. FRICKEY

No. 05-420.

136 P.3d 558 (2006)

2006 MT 122

332 Mont. 255

STATE of Montana, Plaintiff and Respondent, v. Paula L. FRICKEY, Defendant and Appellant.

Supreme Court of Montana.

Decided: May 31, 2006.


Attorney(s) appearing for the Case

Steven N. Eschenbacher, Attorney at Law, Hamilton, for Appellant.

Hon. Mike McGrath, Attorney General; Jon Ellingson, Assistant Attorney General, Helena, Kenneth S. Bell, Hamilton City Attorney; Hamilton, for Respondent.


Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Paula Frickey (Frickey) appeals from her conviction for driving under the influence in the Twenty-First Judicial District, Ravalli County. We reverse and remand for further proceedings.

¶ 2 We review whether the "annual" certification requirement of Rule 23.4.214(1), ARM, calls for breath analysis instruments to be laboratory certified once every 365 days or once each calendar year between...

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