Panel Finds No Error In Excluding Testimony On Breath Test’s Accuracy

(November 24, 2015, 10:25 AM EST) -- BOISE, Idaho — A trial judge did not err in barring expert testimony challenging the accuracy of a breath test, an Idaho appeals panel held Nov. 19, affirming a drunken driving conviction (State of Idaho v. Thomas Fernandez, No. 42370, Idaho App.; 2015 Ida. App. Unpub. LEXIS 435).

(Unpublished opinion available. Document #30-151211-026Z.)

The State of Idaho charged Thomas Fernandez with driving under the influence of alcohol, a felony because he had two prior felony convictions for driving under the influence within the previous 15 years....
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